Dinesh Kumar Singh, J. - (1.) The present appeal is directed against the judgment and order dated 06.02.1982 passed by 4th Additional Sessions Judge, Raebareli in Sessions Trial No.431 of 1980 under Sections 147, 148, 307, 302, 323/149 I.P.C. Police Station Mahrajganj, District Raebareli.
(2.) Vide impugned judgment and order the accused-appellants, Mata Prasad, Shiv Kumar, Suraj Pal, Ashok Kumar and Bhagat were convicted under Section 302/149 IPC, and sentenced to undergo rigorous imprisonment for life. They were further sentenced to undergo rigorous imprisonment of 5 years under Section 307/149; to undergo rigorous imprisonment of 2 years under Section 325/149 IPC and to undergo rigorous imprisonment of one year under Section 323/149 IPC. Accused, Ashok Kumar and Bhagat were further sentenced to undergo rigorous imprisonment of one year under Section 148 IPC. The accused, Mata Prasad, Shiv Kumar and Suraj Pal each were sentenced to undergo rigorous imprisonment of 6 months under Section 147 IPC. However, it was directed that all the sentences would run concurrently.
(3.) The prosecution story in brief is that the accused, Mata Prasad was the father of the accused, Suraj Pal and accused, Shiv Kumar and Ashok Kumar were the sons of accused, Suraj Pal and accused, Bhagat was the brother-in-law of accused, Suraj Pal. One Sarjoo Dei was murdered on 07.02.1979 before the incident in question. Ram Singh, P.W.1, Shiv Sharan P.W.-4 and Ram Sharan, all sons of deceased, Ganga Prasad were accused in the case of murder of Sarjoo Dei. Mata Prasad, the accused in this case was the main witness and pairokar. However, the accused in the murder case of Sarjoo Dei were acquitted on 30.01.1980. There was dispute with respect to the property of Smt. Sarjoo Dei after her death and in mutation proceedings, the accused, Mata Prasad and his family on one side and deceased, Ganga Prasad other side were contesting against each other. The case was going on in the Court of competent revenue Court before the occurrence. The deceased, Kamta Prasad was a witness in the murder case of Smt. Sarjoo Dei but later on he sided with the accused by way of filing an affidavit in favour of them which annoyed accused, Mata Prasad and others and his family members. Kamta Prasad was also doing pairvi in mutation case on behalf of the deceased Ganga Prasad against accused, Mata Prasad and others and these were causes of enmity between deceased, Ganga Prasad and his family and deceased, Kamta Prasad with that of accused family.;