Harsh Kumar, J. - (1.) This appeal has been filed against judgment and order of conviction under section 302/34 I.P.C. passed by 3rd Additional District and Sessions Judge, Deoria in Sessions Trial No.284 of 1982 State vs. Bal Govind and others, Case Crime no.107 of 1982 P.S., Nebua Naurangia, District Deoria convicting 3 out of 4 accused for offence under section 302/34 I.P.C. and acquitting one Akloo. Feeling aggrieved the convicted accused persons Bal Govind, Vikram and Ram Pyare have preferred this appeal.
(2.) The brief facts relating to the appeal are that one Govri son of Banshi Yadav submitted a written report for lodging a F.I.R. at 12.45 hours on 19.10.1978 with averments that : "yesterday on 18.10.1978 the goat of Vikram was grazing in paddy fields of applicant, which was got confined by him in Cattle Pond/Kanji House Naurangia; that feeling annoyed with above, today at about 10.00 a.m. when he and his brother Babu Lal were coming along with Chedi and his father Nanku and their bulls and reached in front of the fields of Sobrati, Bal Govind and Vikram armed with lathis, Ram Pyare armed with Kudal and Akloo empty handed, who were hiding in the sugarcane field of Sobrati since before, suddenly came out of the field and started beating his brother Babu Lal with lathis and back of Kudal, while accused Akloo exhorted them to kill Baboo Lal; that on alarm raised by them Ram Sukhi, Ram Vriksh and several villagers arrived there and seen the occurrence while due to injuries sustained at the hands of accused persons his brother Baboo Lal felled on the ground and died on the spot; that they could not chase the accused persons due to fear and leaving the body of his brother at the spot under vizil of his family members he has come up for lodging of F.I.R."
(3.) The investigating officer after preparing inquest report, site plan etc. and sending the dead body of Babu Lal for autopsy, enquiring from witnesses and collecting the postmortem report etc. completed the investigation and submitted charge sheet against all the four accused persons named in the F.I.R. for causing murder of Babu Lal for offences under section 302/34 I.P.C.;