M.C.JAIN, J. - (1.) Seven appellants, namely, (1) Surajmani alias Jhilmit Singh, (2) Gauri Shankar, (3) Narain Pal Singh, (4) Rajpati Singh, (5) Bahadur Singh, (6) Ram Asray Singh and (7) Algu Singh have preferred this appeal against the judgment and order dated 30-1-1980 passed by Sri U. S. Pandey, the then IV Additional Sessions Judge, Mirzapur in Sessions Trial No.168 of 1978. All of them have been convicted and sentenced for life imprisonment under Sec.302 I.P.C. read with Sec. 149 I.P.C. and five years rigorous imprisonment under Sec.307 I.P.C. read with Sec.149 I.P.C. Bahadur Singh has also been convicted and sentenced to life imprisonment under Sec.302 I.P.C. simpliciter and Algu Singh has been convicted and sentenced to undergo five years' rigorous imprisonment under Sec.307 I.P.C. Accused/appellant Surajmani alias Jhilmit Singh has also been convicted and sentenced to undergo two years' rigorous imprisonment under Sec.147 I.P.C. while remaining appellants have been convicted under Sec.148 I.P.C. and each of them sentenced to two years' rigorous imprisonment for the said offence.
(2.) One Gulab Singh was murdered in this incident and PW 2 Ghasitu alias Ram Pravesh Singh sustained injuries. The case of the prosecution, as per the F.I.R. and evidence adduced in the Court may be stated briefly. The incident took place on 29-5-1978 at about 7.30 A.M. in village Mujahara Khurd, Police Station Chilh, District Mirzapur and the F.I.R. was lodged by PW 1 Subhash Chandra Singh the same day at 8.45 A.M. The Distance of the Police Station from the place of occurrence was five miles. Accused-appellants Surajmani and Gauri Shankar are the real brothers. Algu Singh and Ram Asray Singh are cousins among themselves and they are also the cousins of the first two mentioned accused persons. Bahadur Singh is the son of Ram Prasad. Gauri Shankar and Ram Prasad are the real cousins Rajpati Singh is the pattidar of Gauri Shankar and Niramal Pal Singh is said to be related to the other accused. They are all residents of village Maujahara which is divided into two habitations, namely, Mujahara Kalan and Mujahara Khurd. Deceased Gulab Singh also belonged to village Mujahara Kalan.
(3.) Deceased Gulab Singh and the accused-appellants had there 'Pahi' in village Mujahara Khurd. The 'Pahi' is an out-house constructed at some distance from the main village where calltle are kept and fed. it is also used for keeping crops. The 'Pahi' of Gulab Singh was situate at a distance of about 4-5 furlongs towards the north. The relation between the parties were not cordial for the last long time. About eight years before the incident, Rajpati Singh and Algu Singh along with Narain Singh and Ram Prasad Singh-father of the accused-appellant Bahadur Singh had been prosecuted for assaulting Amar Nath-uncle of PW1 Subhash Chandra Singh informant. That case resulted in acquittal. Since then the parties were at daggers drawn. In the evening preceding the present occurrence, a bullock belonging to accused-appellant Rajpati Singh started eating grain and chaff from the heap of Gulab Singh. Gulab Singh drove away the bullock and also made a protest to Rajpati Singh. It led to exchange of hot words between the two. however, people intervened and averted the clash. Accused-appellant Rajpati Singh had then held out a thereat to Gulab Singh that he had become swollen headed and he would be set right.;