Om Prakash, J. - (1.) This criminal appeal has been preferred by accused appellants against judgment and order dated 30.8.1983 passed by District & Sessions Judge, Ghazipur in Session Trial No. 50 of 1983 (State vs. Ramesh Singh and others) convicting and sentencing appellants Ramesh Singh, Satyendra Singh, Jitendra Singh @ Dharmendra Singh, Rajwant Singh and Awadhesh Singh for the offence punishable under Sections 302 IPC read with Section 149 IPC for imprisonment for life, for the offence under Section 323 IPC read with Section 149 IPC for six months rigorous imprisonment and for the offence under Section 147 IPC for one year's rigorous imprisonment. All sentences have been directed to run concurrently.
(2.) Facts of case, in nutshell, as unfolded by informant Ram Bachan Singh son of Amar Deo Singh in the First Information Report (in short 'F.I.R.'), are that on 28.10.1982 at about 02:00 p.m. Ramesh Singh son of Ghanman Singh along with his associates, namely, Satyendra Singh, Awadhesh Singh, Jitendra Singh @ Dharmendra Singh, Rajwant Singh armed with lathi tried to have forcible possession over the land situated in front of his house. When informant objected, they started hurling abuses. In the meantime, Ram Vrat Singh, brother of informant and Barrister Singh, son of informant reached on the spot and when they forbade them for abusing, Rajwant Singh exhorted to kill. On his exhortation, Ramesh Singh, Jitendra Singh @ Dharmendra Singh, Awadhesh Singh and Satyendra Singh with common intention started beating with lathi and danda. On raising alarm, Murli Shyam Singh, Shiv Murat Singh and other villagers reached on the spot and witnessed the incident. Informant, his son Barrister Singh and his brother Ram Vrat Singh received several injuries caused by them. By chance, a doctor resident of Bihar reached on the spot and gave first aid to Ram Vrat Singh but after some time Ram Vrat Singh succumbed to his injuries. Dead body of Ram Vrat Singh, was brought to police station concerned on a cot for necessary action.
(3.) On the basis of the written report (Ext. ka-3) scribed by one Kameshwar Singh, chik First Information Report (Ext. Ka-5) was registered at Police Station concerned on 29.10.1982 at 12:30 a.m. mentioning all details as had been disclosed in Ext. Ka-3. G.D. entry Ext. Ka-6 was also made at the same time.;