Harsh Kumar, J. - (1.) The present appeal has been filed against judgment and order of conviction dated 9.9.1988 passed by IV Additional District and Sessions Judge, Jaunpur in Sessions Trial No.108 of 1986 (State vs. Shitala Prasad and others) in case crime no.117 of 1984, P.S. Rampur, District Jaunpur under sections 147, 148 and 323, 324, 326 & 307 read with section 149 I.P.C. wherein the learned trial court held all the accused guilty and convicted them for the offence under section 147, 148 and 323, 324, 326 and 307 read with 149 I.P.C. and sentenced them with rigorous imprisonment for a period of 6 months under section 147 I.P.C., with R.I. for a period of 6 months under section 323/149 IPC, with R.I. for a period of one year under section 324/149, with R.I. for a period of 2 years under section 326/149 and with R.I. 3 years under section 307/149 I.P.C. and find of Rs.300/- under section 307/149 I.P.C. and accused Shitala Prasad, Lal Chand, Panna Lal, Nand Lal, Baliram, Umashankar and Paras Nath were also convicted and sentenced with R.I. for a period of one year under section 148 I.P.C.
(2.) The prosecution case in brief is that Govardhan lodged a F.I.R. against the appellants on 17.7.1984 at 1.30 p.m. with the allegations that, on 16.7.1984 at about 5.00 p.m. his brother Baliraj was working at his Maize (Makka) field when accused appellants armed with Ballam, Gadasa and lathi came there and upon exhortation by accused-appellant, Ram Shiromani to cause death of first informant Govardhan and his brother Baliraj, they assaulted on them with an intention to cause their deaths and when Guddan came for their rescue the accused-appellants also caused injuries to him resulting in fracture of two teeth of first informant Govardhan and one teeth of Guddan. Upon completion of investigation and submission of charge sheet, the case was committed to sessions and charges were framed against the accused- appellants under sections 147, 148, 323/34, 324/34, 326 and 307/34 I.P.C. The prosecution produced Govardhan as P.W.-1, Laxmi Narayan Singh as P.W.-2, Baliraj as P.W.-3, Anwarul Ajij as P.W.-4, Dr. Chandrabhushan Upadhyay as P.W.-5, Amar Nath Tiwari as P.W.-6 and Dr. S.K. Rai as P.W.-7 to prove the charges. After completion of prosecution evidence statements of accused persons were recorded under section 313 Cr.P.C. and after hearing parties counsel, the learned trial court passed the impugned order of conviction.
(3.) During pendency of appeal, accused appellant nos.8 and 9 Ram Adhar and Ram Shiromani were reported to have died and appeal in respect of them was abated vide order dated 5.7.2016.;