Ashwani Kumar Singh, J. - (1.) THE appellants namely, Manna Lal, Kamta, Ranjit, Phool Chandra, Swayambar, Jagannath, Sri Pal and Binni alias Vijai Bahadur have preferred this appeal against the judgment and order dated 28.11.1981, passed by Sri L. S. Shukla, the then VIth Addl. Sessions Judge, Fatehpur in S.T. No. 323 of 1979, under Section 147/148/149/ 307/302, I.P.C. P. S. Bindki Distt. Fatehpur.
(2.) THE said appellants had been convicted under Section 302 read with Section 149 I.P.C. and sentenced to undergo imprisonment for life. Further they are convicted under Section 325, I.P.C. read with Section 149, I.P.C. and sentenced to a fine of Rs. 100 each and in default of payment, the sentence of imprisonment was directed to be enhanced from two years to 2-1/2 years. Further they were convicted under Section 147, I.P.C. and sentenced to one year R.I. Only the appellant Binny alias Vijai Bahadur has been convicted under Section 148, I.P.C. and sentenced to undergo 1-1/2 years R.I. All the sentences were ordered to run concurrently. A criminal revision has also been preferred by the complainant Chhatrapal against the accused Ram Baran, who was put on trial alongwith the other appellants, but the learned Sessions Judge recorded verdict acquitting him of the charges. During the pendency of this revision, the respondent-Ram Baran was spirited away by death and therefore, the revision has become infructuous. The incident leading to the prosecution of the appellants occurred on 15.6.1976. It is alleged that on 15.6.1976 at about 3.30 p.m. complainant alongwith Sukhlal (deceased) and brother's son Hari Babu were on way to their tube well on bullock cart laden with manure, and when they were near their tubewell, the appellants Manna, Kamta, Ranjit, Sri Pal armed with lathis while Vijai Bahadur alias Binni and Ram Baran armed with 'barchis' emerged and blocked the way and on exhortation of Sri Pal accused, the accused persons set upon them and assaulted Chhatrapal. When Sukhlal (deceased) came to the rescue of Chhatrapal, the accused persons also assaulted him. The complainant Chhatrapal and Sukhpal ran for their lives but the accused persons continued to assault while chasing. It is alleged that the accused persons outpaced them and surrounded them near the house of Deshraj and assaulted them with their respective weapons as a result of which both the hands of complainant Chhatrapal were fractured. The accused persons also assaulted the deceased and they showered repeated blows on him by their respective weapons. On alarm being raised, the witnesses Jagdev Singh and Lala, who were returning from Bindaki Bazar and many other persons rushed and challenged the appellants, who had fled away from the scene of occurrence. Sukhlal had slumped down on the ground and became unconscious. One Raju and Mahabali took both the injured to their house from the place of occurrence on bullock cart and from there, they were taken to the Police Station by two labourers namely, Vajaee and Babu Lal on the bullock cart. Injured Sukhlal succumbed to his injuries on the way to the Police Station at the place near Faridpur.
(3.) THE motive behind the alleged occurrence was that the appellant No. 1 Manna Lal being an elder brother of Sukhlal (deceased) and Chattrapal-complainant was the Manager (karta) of the family from before and the other two had been looking after cultivation and cattle. Upon the death of their father Chheda, they separated by getting 1/3rd share in the family property by way of private arrangement. Subsequently, Manna induced Gangaram who is son of mother's sister into instituting a suit for partition and as a result thereof, the partition was re-arranged and consequently, the shares were reduced to 1/4th and Manna cultivated the land falling to his share and also the land falling to the share of Gangaram as 1/2 share (including the share of Gangaram) and the remaining land fell to share of Sukhlal (deceased) and complainant Chhatrapal. In the year 1972 Sukhlal deceased had purchased a house from one Jagannath Teli and Manna Lal filed a civil suit for cancellation of the said sale deed on the ground that he had purchased the said land from erstwhile Zamindar and Jagarnath was a licensee. That suit was lingering decision when the occurrence of this case took place. It is further alleged that complainant and deceased Sukhpal had purchased land from Babu Lal and Lakhan of village Tikri Manauri and Manna Lal had a covetous eyes over the said land and wanted the said land for Vijai Bahadur alias Binni son of his Sadu (wife's sister's husband). When the transaction was consummated, Manna Lal felt offended and had also extended threats with the fright of life. It is alleged that the matter was reported to the police and the police had also intervened and Manna Lal etc., were given a dressing down which also annoyed them. Head constable Jagdish Prasad P.W. 6 scribed the F.I.R. Ex. Ka-15 on 12.45 on the basis of the written report Ex. Ka-1. He then registered crime in general diary as Ext. Ka-16. He prepared majroobi chitthi Ex. Ka-17 of the complainant and sent him alongwith the said chitthi to the hospital. A special report of the incident was sent after its mention in the general diary Ex. Ka-18 at serial No. 32 to the concerned authority through constable Shiv Bahadur.;