- (1.) M. M. Lal, J. This is an appeal against a judgment and order dated 20th September, 1978 passed by Sri U. D. Shukla, the then III Addl Sessions Judge, Varanasi by which he has convicted all the above named five appellants under Sections 302/149, I. P. C. . and has sentenced each of them to life imprisonment thereunder and has further convicted Atma Pandey, Keshav Pandey, Kshrna Pandey and Dasarath Pandey, appellants under Section 148, I. P. C. and has sentenced each of them to undergo rigorous imprisonment for 1 years and has also convicted Sita Ram-appellant under Section 147, I. P. C. and has sentenced him to undergo rigorous imprisonment for one year thereunder. Both these sentences awarded in each of the appellants have been made to run concurrently.
(2.) ATMA Pandey, Keshav Pandey, Dasarath Pandey, Sita Ram Pandey-appellants and Jai Ram Pandey- accused are real brothers. They are sons of late Sri Pratap Pandey. and Smt. Utma. Kshma Pandey is the son of Sita Ram Pandey-appellant. All of them are resident of village Gaura, P. S. Chaubeypur, district Varanasi. Kedar Tiwari deceased and Badri Tewari informant are real brothers. Whereas Ram Shukul is the son of Kedar Tewari-deceased, Siya Ram is the son of Badri Tewari-informant. They are residents of an adjoining village named Kamauli, P. S. Chaubeypur district Varanasi. One Ram Surat Lal had agricultural land with respect to which a liti gation was going on between said Ram Surat Lal on one hand and Smt. Utma, the mother of Atma Pandey, Keshav Pandey, Dasarath Pandey and Sita Rani Pandey, appellants, on the other before the Consolidation Authorities. During pendency of the said litigation Ram Surat Lal sold the said agricultural land on 20-10-1975 to Siya Ram son of Badri Tewari-informant and Ram Shukul son of Kedar Tewari. They had obtained possession over the said land. This was resented by the accused persons.
(3.) ONE day prior to the incident Kedar Tewari deceased had got the afore said field. , which had been purchased from Ram Surat Lai, ploughed. At that time an altercation took place between the accused persons and Kedar Tewari deceased and the accused persons advanced a threat to the latter that because he had taken possession over the aforesaid field, hence they would not now allow him to till his plot, situate in village Gaura. According to the case of the prosecution when on 14-7-1976 at about 7 a. m. deceased Kedar Tewari, along with his ploughman PW-2 Somaru and brother PW-1 Badri Tewari, next to his plot No. 202 situate in village Gaura to plough with the help of bullocks. Atma Pandey, Keshav Pandey, Kashma Pandey and Dasarath Pandey armed with lathis, Jai Ram Pandey armed with Gandasa and Sita Ram Pandey carrying a lathi reached there and started assaulting Kedar Tewari, as a result of which he sustained injuries and died at the spot. A hue and cry had been raised which attracted witnesses to the place of occurrence. The assailants then took to their heals.;