M.C.Jain, J. - (1.) This criminal appeal was filed by eight appellants : (1) Hira Mani Tiwari, (2) Sri Pal Singh, (3) Awadhesh Singh, (4) Tej Pratap Singh, (5) Yogendra Singh, (6) Surya Mani Tiwari, (7) Raja Ram Tiwari, and (8) Satya Narain Dhar Dubey against the judgment and order dated 24-2-1992 passed by Sri R. P. Singh, IInd Additional Sessions Judge, Mirzapur in Sessions Trial No. 349 of 1982 and 350 of 1982 which were tried together and had been consolidated, treating Sessions Trial No. 349 of 1982 as the leading case. They came to be decided by the impugned judgment. All the appellants named above were convicted under Sections 302/149, Indian Penal Code and Sections 307/149, Indian Penal Code The appellants-Hira Mani Tiwari, Surya Mani Tiwari, Sri Pal Singh, Raja Ram Tiwari and Awadhesh Singh were also convicted under Section 148 Indian Penal Code and remaining of the appellants under Section 147 Indian Penal Code the appellants-Surya Mani Tiwari was further convicted under Sections 25/27 of the Arms Act. The sentences passed against each of them were life imprisonment under Sections 302/149, Indian Penal Code and eight years rigorous imprisonment under Sections 307/149, Indian Penal Code Those convicted under Section 148 Indian Penal Code were further awarded rigorous imprisonment for two years and the others convicted under Section 147 Indian Penal Code were awarded rigorous imprisonment for one year. Surya Mani Tiwari was awarded three years' rigorous imprisonment under Sections 25/27 Arms Act. All the sentences were directed to run concurrently. The trial was held for the present eight appellants and seven others. One of those seven others, namely, Kailash Nath Pandey died during pendency of the trial and the case abated against him. The remaining six were acquitted. One of the appellants-Hira Mani Tiwari died during the pendency of the appeal and as such the appeal has abated so far as he is concerned.
(2.) The profile of the prosecution case, shorn of unnecessary details, may be set forth : The informant was P.W. 1 Mahendra Singh. The report was lodged by him regarding this incident of 23-11-1981 at 10.50 a.m. at Police Station Pandari. All the accused were named therein. The incident took place on 23-11-1981 at about 8.15 a.m. in village Bharpura, Police Station Pandari, District Mirzapur. Partition of cultivatory plots between the informant P.W. 1 Mahendra Singh and his brother Virendra Singh had taken effect earlier to the incident in question. Accordingly, plot No. 301 was also said to have been partitioned. Virendra Singh gradually started selling the land that had fallen to his share and ultimately when three Biswas of land of plot No. 301/1 remained with him, he sold the same in favour of the accused-Hira Mani Tiwari, showing it as 5 Biswas. Since only three Biswas of the land was there at the spot in the share of Virendra Singh, Hira Mani Tiwari started making efforts to occupy the remaining two Biswas of land from the share of P.W. 1 Mahendra Singh in which he had grown mixed crop of gram, barley, Alsi and mustard. On the day preceding the date of occurrence, Hira Mani Tiwari threatened the informant that he would upturn the aforesaid crops. The informant P.W. 1 Mahendra Singh told him that he would not allow him to do so unless the matter was settled through Panchayat. On the day and the time of occurrence, the accused persons reached the spot armed with guns, revolver, spear, Gandasa and lathis. The appellants were allegedly armed as detailed below. It may also be stated for the sake of clarity that on verbal information given by one Sharda Singh at the Police Station, local police had reached the spot prior to the lodging of the First Information Report by P.W. 1 Mahendra Singh and the appellants excepting Satya Narain Dhar Dubey were apprehended at the spot itself. Recovers from the appellants are also detailed below : JUDGEMENT_184_LAWS(ALL)11_1999.htm
(3.) Accused-appellant-Satya Narain Dhar Dubey had tried to run away but he was also ultimately arrested after being given a beating near Bhairapar. Nothing was recovered from him. As per the prosecution case, the accused persons came to the spot from north by the side of Arhar field and told the informant P.W. 1 Mahendra Singh that they were going to upturn his crops. The latter informed them that the Panchas and reached over there and they should do whatever was settled through Panchayat. The accused-Hira Mani Tiwari retorted back that he would not recognise any Panchayat and he would occupy the land for which he had paid the money. Hira Mani Tiwari fired his gun and exhorted his associates to kill the people on the side of the prosecution. Hira Mani Tiwari (now dead), Sri Pal Singh, Surya Mani Tiwari and Kailash Nath Pandey (who died during trial) resorted to firing from their guns. Following persons sustained injuries on the side of the prosecution : (1) Bhagwat Singh, (2) Ram Ji Singh, (3) Hira Mani Singh, (4) Chhatra Dhari Singh, (5) Lakhan Bahadur Singh, (6) Prabhakar Singh, (7) Deo Saran Singh, (8) Bhikai Singh and (9) Gaya Singh.;