- (1.) This appeal has been filed questioning the correctness of the judgment and order dated 6.8.1983 passed by the II Additional District & Sessions Judge, Barabanki in Sessions Trial No.159 of 1982, State v. Ram Hetu and others, under Sections 147/148/302/149 IPC P.S. Mohammadpur, District Barabanki, whereby the Trial Judge convicted all the five appellants under Sections 147/148 and 302 IPC read with Section 149 IPC and sentenced them as follows:- "Convicts Kingai, Mukhtar are directed to undergo an imprisonment for one year R.I. under Section 147 I.P.C. Convicts Ram Hetu, Jag Mohan and Manna are directed to undergo an imprisonment for 1 years R.I. under Section 148 I.P.C. Accused Kingai, Mukhtar, Ram Hetu, Jag Mohan and Manna are directed to undergo an imprisonment for life under section 302 I.P.C. read with section 149 of the Indian Penal Code."
(2.) Hari Prasad S/o Sarabjit gave a written complaint dated 16.5.1980 (Ex-Ka1) at Police Station Mohammadpur, District Barabanki stating that they are two brothers and he is elder one. His younger brother Kishori Lal was murdered about 1 year and 9 months ago in which he alongwith his son Ram Sagar were accused and were on bail. The widow of Kishori Lal was not a woman of good character because of which his father was not inclined to part with any of his holdings in favour of Kishori Lal's widow. It was for this reason that Ram Hetu, brother of Kishori Lal's widow (who would always support his sister) would blame him and his son for being the obstruction, as such he bore a grudge with him and his son. Today at about 4 P.M. when he along with his son were going for wheat harvesting, near the tubewell of Saktu, his son, who was walking about 10 steps ahead of him, was challenged and surrounded by Ram Hetu, armed with a gun, Mukhtar and Kingai armed with lathis, Jag Mohan armed with a knife and Manna armed with a banka. They exhorted that he should be eliminated whereupon the accused persons pushed his son on the ground. Kingai and Mukhtar caught hold of his son, whereas Jag Mohan who was armed with knife and Manna who was armed with banka started assaulting on the neck of his son. He alongwith others present challenged the accused persons upon which Ram Hetu threatened them that in case they move closer they would be shot dead. In the meantime, number of residents of the village also gathered at the place of occurrence and it was then the accused made good their escape. His son died after awhile. The accused persons had tried to resist their movement and with great difficulty, he has come to the Police Station to lodge the complaint.
(3.) On his written complaint, a chik F.I.R. was prepared and registered as Case Crime No.53 under Sections 147/148/149/302 IPC, at Police Station Mohammadpur, district Barabanki. The Investigating Officer collected the plain earth and bloodstained earth from the spot and put them in small boxes and sealed them. A memo was prepared (Ex-Ka 4). The Investigating Officer further took into possession the clothes of the deceased which he was wearing and were stained with blood and also the slippers which were lying nearby also stained with blood. They were also sealed and a memo was prepared (Ex-Ka 5). It included one full sleeve shirt of blue colour with checks and dots, one tahmad (lungi) of brown colour with yellow and white printed flowers on it and one pair of slippers - all stained with blood. The Investigating Officer also prepared a site plan (Ex-Ka 6). Nakal report No.28 dated 18.5.1980 at 9.30 P.M. by which the clothes were taken into custody and placed in the malkhana is Ex Ka-7. Inquest report is Ex Ka-8 according to which the inquest was started at 6.45 A.M. on 17.5.1980 and concluded at 9 A.M. on the same day. Special Report is Ex Ka-9. The postmortem was conducted on 18.5.1980 at 2 P.M. by Dr. Gopal Swaroop, Paediatrician, District Hospital, Barabanki (Ex Ka-11). After recording the statements under Section 161 Cr.P.C., the Investigating Officer submitted a charge sheet on 22.8.1980 (Ex Ka-12).;