Prashant Kumar, J. - (1.) This appeal is directed against the judgment of conviction and order of sentence dated 21.10.1991 passed by 4th Additional Sessions Judge, Unnao in Sessions Trial No. 26 of 1991, corresponding to case crime no. 298 of 1990 under Section 302 of the IPC of P.S.- Achalganj, District Unnao, whereby and whereunder all the appellants were convicted under Section 302 r/w Section 34 of the IPC and sentenced to undergo life imprisonment for committing the aforesaid offence.
(2.) The case of prosecution, in short, is that on 18.11.1990, informant namely Ghasitey along with his brother namely Gendalal (deceased) had gone to the bank of river Ganga for fixing Tatiya on the sand. It is then alleged that at about 02.30 P.M., the appellants namely Ram Das Mallah, Chhedu Mallah, Jagannath Mallah and Nankau Mallah arrived armed with lathi and threatened Gendalal that you are very impertinent, you will not be spared today. Thereafter, the appellant-Ram Das Mallah exhorted and then all the appellants started beating Gendalal with lathi. It is further alleged that after receiving injuries, Gendalal fell on the ground, thereafter, the informant and other witnesses raised alarm, whereupon the appellants fled away towards forest leaving Gendalal seriously injured. It is further alleged that thereafter the informant with the help of witnesses brought Gendalal to his house and then after arranging a bullock cart proceeded towards Achalganj but on the way at Hadha Market, the deceased died.
(3.) It is stated that one month prior to the date of occurrence, some altercation took place between Gendalal and appellants for growing Gourd (Lauki) on the sand, situated on the Bank of river Ganga, because of that animosity, present occurrence took place.;