S.K.Agarwal, J. - (1.) THIS criminal appeal has been filed by Deonath Singh, Kamla Singh, Ganga Sagar and Kundan Singh against the order of conviction dated 15.7.1980 passed by the II Additional Sessions Judge, Ballia, in S.T. No. 96 of 1979. By the aforesaid order, each of the accused -Appellants have been sentenced Under Section 302/34, I.P.C. to undergo imprisonment for life.. Appellant Kundan Singh has been further convicted Under Section 307, I.P.C. and sentenced to undergo rigorous imprisonment for two years. Both the sentences of Kundan Singh have been directed to run concurrently.
(2.) THE brief facts giving rise to this case are that Appellants Deonath Singh and Kundan Singh were armed with guns and Appellants Kamla Singh and Ganga Sagar along with acquitted accused Babujan were armed with ballam. Babujan was acquitted by the aforesaid order. The incident has arisen as a sequel to some land dispute between P.W. 1 Sagar and Appellant Ganga Sagar. Ganga Sagar was allotted 3 decimals land by the Gaon Samaj in plot No. 453, which P.W. 1 claims to be his and in his exclusive possession. The bone of contention was erection of walls around the piece of land. Litigation between the parties was going on. In their zeal to settle the dispute amicably, a Panchayat was called a few days earlier, but on account of some quarrel between Deonath Singh, Appellant, and deceased, Shivnath Singh, it did not materialize. It is alleged that on that very day the next date for the Panchayat was fixed and it was also settled between the parties that they will come in the next Panchayat with their own Panchas. P.W. 1 Sagar called Shivnath Singh, Gram Pradhan of village Chhitona, Banwari Choudhary, Pradhan of village Bhojaupur, and Basawan Singh on his side, whereas from the side of Ganga Sagar, Appellant, Deonath Singh, Babujan and Kamla Singh were called as panch. The panchayat was to be held on the date of occurrence at 8.00 a.m. A few hours before this appointed time of Panchayat, Sagar set out to call his panchas. He was coming back along with three aforesaid panchas at about 7.00 a.m. When all these persons reached the field of Ram Garib, they saw Deonath Singh, Kundan Singh. Kamla Singh, Babujan and Ganga Sagar all armed with lethal weapons standing at the corner of Bajli courtyard. Seeing these persons coming. Ganga Sagar is said to have exhorted other accused persons that no one should be allowed to escape. Deonath Singh opened fire upon Shivnath Singh from his gun. Shivnath Singh fell down a few steps from the place where he had received the injury near a heap of Puaal. Jagat Mishra. the injured witness P.W. 3 was coming front the side of tube -well of Ramagya. In the meantime Kundan Singh opened fire which hit Jagat Mishra. Afterwards, all the assailants had gone to Shivnath Singh and Kamla Singh, Babujan and Ganga Sagar assaulted him with ballams after he fell down. The witnesses fled to the village and came back in strength after sometime to the spot of incident. It was then learnt by them that the accused -Appellants had taken away injured Shivnath Singh to the house of Chhunni Lai and locked him in the baithka there. Chhunni Lai happens to be the brother of Appellant Ganga Sagar. The Investigating Officer on his arrival to the scene of occurrence recovered the dead body of Shivnath Singh from this baithka of Chhunni Lai. Sagar, who proceeded for the police station, carried injured Jagat Mishra on a cot. At the outskirts of the village abadi, they stopped a truck, which was passing by that side and placed the cot upon it. They reached the police station. In the way, Krishnabali Singh of Sikarhata also boarded the truck. The first informant narrated the entire incident to him. The informant got his F.I.R. scribed by Krishnabali Singh and presented the same at the Police Station for registration of a case against the Appellants. The F.I.R. is Ext. Ka -1 on the record.
(3.) JAGAT Mishra was sent to the District Hospital, Ballia, for medical examination. He was medically examined at 6.10 p.m. on 12.1.1979. A Police Constable belonging to P.S. Ubhaon, district Ballia, took him to the hospital. On his person two lacerated wounds of .7 cm. diameter were found on the left side upper arm and left inguinal region. The injury report of Jagat Mishra is Ext. Ka -8 on the record.;