Umesh Chandra Tripathi, J. - (1.) These three criminal appeals have arisen out of a common judgment and order dated 29.05.2008/31.05.2008 passed by Additional Sessions Judge/Fast Track Court-I, Banda in Sessions Trial No. 258 of 2003 (State v. Kulpat Singh and others), arising out of Case Crime No. 41 of 2003, under Sections 147, 148, 149, 307, 302, 323, 325, 504 and 506 of the Indian Penal Code (hereinafter referred to as 'IPC') and Sessions Trial No. 259 of 2003 (State v. Sheo Bahadur Singh and Another), arising out of Crime Nos. 42 of 2003 and 43 of 2003, under Sections 25 and 30 of the Arms Act, 1959 (hereinafter referred to as 'Act, 1959') Police Station - Tindwari, District - Banda whereby the appellants - Sheo Bahadur Singh, Swayamvar Singh, Vinesh Singh, Ram Das Singh and Kulpat Singh, all residents of Machahar Amlikaur, Police Station - Tindwari, District - Banda were convicted and sentenced, details whereof are given herein below : (i) Appellants - Sheo Bahadur Singh, Swayambar Singh, Vinesh Singh, Ram Das Singh and Kulpat Singh were convicted and sentenced as follows : i. Imprisonment for life and fine of Rs. 3,000/- each, under Section 302 read with Section 149 of IPC. ii. Rigorous imprisonment for three years and fine of Rs. 1,000/- each, under Section 325 read with Section 149 of IPC. (ii) Appellants - Swayambar Singh, Vinesh Singh, Ram Das Singh and Kulpat Singh were convicted under Section 147 of IPC and sentenced to imprisonment for one year each. (iii) Appellant - Sheo Bahadur Singh was convicted under Section 148 of IPC and sentenced to rigorous imprisonment for two years. (iv) Appellant - Sheo Bahadur Singh was convicted under Section 25 of Act, 1959 and sentenced to rigorous imprisonment for three years and fine of Rs. 2,000/- . (v) Appellant - Swayambar Singh was convicted under Section 30 of Act, 1959 and sentenced to imprisonment for three months. In case of default in payment of fine, all the appellants shall undergo additional imprisonment for six months each.
(2.) All the sentences were directed to run concurrently.
(3.) Stream of events culminating into lodging of the first information report, as discernible from the perusal of record, appears to be that on 18.03.2003, informant Raj Bahadur Singh's younger brother Ram Bahadur Singh and cousin Raj Kumar Singh s/o Ram Nahor Singh, residents of Amlikaur, Police Station - Tindwari, District - Banda were returning to their residence from the residence of Ram Asrey s/o Keshan Singh after having meals in his house on the occasion of festival of 'Holi'. While returning, they reached in front of house of Ram Das Singh s/o Ram Kishun Singh, where Kulpat Singh s/o Shripal Singh, Sheo Bahadur Singh and Swayambar Singh, sons of Sheo Vinod Singh and Vinesh Singh s/o Sheo Bhawan Singh were sitting. Kulpat Singh abused Ram Bahadur Singh, which was objected to by the latter. This lead to an altercation between them. Thereafter, Sheo Bahadur Singh, Swayambar Singh, Vinesh Singh and Ram Das Singh, all started abusing the Ram Bahadur Singh and Raj Kumar Singh. On hearing the verbal spat, informant Raj Bahadur Singh rushed to the spot along with this younger brother Shiv Bahadur @ Chota. At about 09.45 P.M., accused Sheo Bahadur Singh, with the intention to kill Ram Bahadur Singh, fired on him with the licensed gun of his brother Swayambar Singh. The fire hit Ram Bahadur Singh, due to which he fell on the ground. Thereafter Kulpat Singh, Swayambar Singh, Ram Das Singh and Vinesh Singh started doing 'marpeet' (assault) with the opposite party, due to which Shiv Bahadur @ Chota s/o Babbu Singh and Raj Kumar sustained injuries. On hue and cry being raised, several villagers reached on the spot, whereafter the accused fled away from the spot, threatening to kill them. Thereafter, with the help of the villagers, all the three injured were taken to Benda Ghat on bullock cart, from where they were send to police station on the tractor of Shyam Sundar Singh. On the way, informant's brother Ram Bahadur Singh succumbed to his injuries. It was requested that report be lodged and appropriate action be taken. The written report is on record and the same is marked as Ex.Ka.1.;