Shabihul Hasnain, J. - (1.) This appeal is directed against the judgment and order dated 4.6.1982 passed by District & Sessions Judge, Sultanpur in Sessions Trial No. 44 of 1982 convicting the appellants U/ss 302/323/34 I.P.C. and sentencing each of them to undergo imprisonment for life under the first count and to three months' R.I. under the second count.
(2.) Briefly stated the case of the prosecution, as narrated in the F.I.R. lodged by P.W. 1 Ram Anuj Pandey, the complainant in this case, is that old house of the complainant is situated in Mauza Karmauli, where he used to keep cow dung cake and also used as Khalihan and new house is on the West by the side of canal. On 31.12.1980 the complainant and his brother Jagdish Prasad planted Mango-trees at the land of his old house. On the date of occurrence i.e. 1.1.1981 at about 9 in the morning, accused Basudeo, Sukhdeo, Ram Kumar and Ram Bahore armed with Lathi Danda, dis-rooted and thrown out those trees, to which he has raised objection, thereupon they along with lathi-danda came up to his new house. Meanwhile, Ram Sukh, Chandrika, Ramyaj of his purwa also came there. The inmates of his house also came at the door of his house. At that moment, accused Ram Bahore and Basudeo started beating the brother of the complainant and accused Ram Kumar and Sukhdeo to the complainant with lathis. The brother of the complainant fell down and the complainant started rescuing his brother with lathi. At that time, other persons of the village also came there and intervened. It has further been stated in the F.I.R. that the complainant and his brother received lathi injuries and his brother had become unconscious.
(3.) The informant along with his brother deceased Jagdish Prasad proceeded to police station Kudebhar, Sultanpur, where he has submitted a written F.I.R., on which a case under Section 308/323 I.P.C. was registered. After the death of Jagdish Prasad same day at 6.35 p.m., the case was converted to that of Section 304/323 I.P.C.;