Ramesh Sinha, J. - (1.) The present criminal appeals have been preferred by the appellants against the judgment and order dated 31.10.1983 passed by Sessions Judge, Ghazipur in S.T. No.92 of 1983 convicting and sentencing the appellants Ram Nath, Rama Shanker Pandey, Ram Murat Pandey, Ram Dhani, Ram Autar and Dalsinghar for life imprisonment u/s 302 IPC read with Section 149 IPC. They have been further sentenced to five years R.I u/s 307 IPC read with Section 149 IPC and further sentenced to two years R.I, u/s 148 IPC. All the sentences are directed to run concurrently.
(2.) The appellants Ram Nath, Ram Dhani and Dalsinghar died during the pendency of the aforesaid appeals and the appeal of Ram Nath, Ram Dhani and Dalsinghar has been ordered to be abated by coordinate Bench of this Court vide order dated 10.8.2017. Hence, the two appeals now survive with respect to appellant Ramashanker Pandey, Ram Murat Pandey and Ram Autar respectively for consideration by this Court.
(3.) The prosecution case as set-up in the FIR is that the informant Vijay Bahadur Singh submitted a written report at police station Nandganj district Ghazipur stating that yesterday in the evening on 11.7.1982 one Chakkan Singh resident of village Rasoolpur Pachrasi came to his house and made a complaint to his brother Hari Shanker Singh Pradhan and told him that Ram Murat Pandey of his village is taking out the mud from his pond by making an encroachment in his land and when he objected to it, he abused him and also had beaten. Hence he requested the deceased to come to his village and settle the matter on which his brother assured to Chakkan Singh that he would definitely come to his village and would settle everything. Thereafter his brother Hari Shankar Singh Pradhan, Harihar Chauhan and Rajdeo Singh of his village proceeded to village Rasoolpur Pachrasi. His brother and Harihar Singh Chauhan went on motorcycle whereas informant Vijay Bahadur Singh and Rajdeo Singh went on bicycles. On reaching the village Rasoolpur Pachrasi, they left their motorcycle and bicycles near the pond. Ram Nath Yadav, Pradhan of village Rasoolpur Pachrasi told them to come under the tree in the shade and they would be bringing the cot and when they were going there, Ram Nath Yadav and Rama Shankar Pandey brought the gun from their house and challenged them by firing upon them. Ram Murat Pandey of village Rasoolpur Pachrasi, Ramdhani Yadav of village Turna, P.S. Nandganj, Ram Autar resident of village Vishunpura Kala, Dalsingar resident of village Murtujipur, P.S. Saidpur and 5-7 other persons of village came there from their houses with guns and ballam and started firing on them and the unknown persons could be identified by them if they are produced. The informant and Rajdeo Singh returned back and Hari Shanker Singh and Harihar Singh Chauhan jumped into the pond and the accused persons went a step ahead and started firing on his brother Hari Shanker Singh who after being injured had fallen stumbled in the pond and thereafter had fallen down in adjoining northers field and the assailant reached there and fired at Hari Shanker Singh from close range. The informant somehow escaped from there and Harihar also received gunshot injuries. The incident had taken place at 9 a.m. in the morning. The accused Ramdhani Yadav had contested an election against his brother of village Pradhan on account of which there was enmity between them. He prayed that necessary action be taken against the accused persons.;