N.K.Gupta, J. - (1.)THE appellants have preferred the present appeal being aggrieved with the judgment dated 31.3.1994 passed by the learned 2nd Additional Sessions Judge, Rewa in ST No.15/1992 whereby each of them has been convicted of the offence punishable under Section 302/149 of IPC and sentenced to life imprisonment.
(2.)DURING the pendency of the present appeal, it was stated that appellant No.2 Chandra Sheikhar and appellant No.5 Ram Sajeevan have expired, and therefore vide order dated 16.11.2009 the appeal filed by them was declared abated.
The prosecution's case, in short, is that on 15.9.1991 at about 8:00 AM some of the accused persons abused the deceased Jangilal Singh, Rajnarayan Singh and Balwant Singh in front of house of one Shivdas situated at Village Kotra (Police Station Sohagi District Rewa). The witness Shivdas intervened in the matter, and therefore both the parties dispersed. At about 1:00 PM the deceased Jangilal Singh, Rajnarayan Singh and Balwant Singh along with witness Shyamdhar left the field of Rajnarayan Singh for their houses. But they were followed by Yashwant, Balvir Singh, Rajnarayan, Sakhiya and Mudhini. On the way the accused persons met. They were armed with tangi (small axe), farsa, ballam (spear), lathis (sticks) and bomb. The appellant Ramrasayan threw a bomb towards the complainant party and thereafter they started assaulting the deceased Jangilal Singh, Rajnarayan Singh and Balwant Singh. Due to such blows, all the three deceased persons fell on the ground. The witnesses tried to save the deceased persons but the accused persons did not allow them to intervene by using force. Ultimately all the three deceased persons namely Jangilal Singh, Rajnarayan Singh and Balwant Singh succumed to the injuries on the spot. Chhotelal who was going to his Goda saw the dead bodies of the deceased persons and asked his mother Sakhiya and sister -in -law Raniya about the incident, and thereafter he immediately rushed towards the Outpost Teothar of Police Station Sohagi and lodged the FIR Ex.P6. The police took the dead bodies of the deceased persons and sent them for their postmortem. Dr. Anand Mahendra (PW3) had performed the postmortem on the bodies of the deceased Jangilal Singh, Rajnarayan Singh and Balwant Singh at the Primary Health Centre, Teothar and gave his reports Ex.P3, P4 and P5 respectively. He found that all the three deceased persons died due to injuries caused to them and their death was homicidal in nature. The Investigation Officer recovered the various arms like farsa, lathis, ballam, tangi from the various accused persons and sent these weapons to the Forensic Science Laboratory along with the various articles seized from the spot and received from the concerned doctor after the postmortem. In the report Ex.P/49 of the FSL, blood stains were found on various weapons seized from the accused persons and clothes of the appellant Lal Gulal. Also in the remains of explosive, it was found that hand grenade was prepared with chlorate, sulphide and potassium. After due investigation, the charge sheet was filed before the Judicial Magistrate First Class, Teothar, who committed the case to the Court of Sessions, Rewa and ultimately it was transferred to the 2nd Additional Sessions Judge, Rewa.

(3.)THE appellants accused abjured their guilt. Almost the accused took the plea that they were not present at the spot whereas some defence evidence was adduced to show that the deceased persons were the aggressors and the appellant Lal Gulal and Shribhagwan had sustained some injuries in the quarrel. In defence Dr. Ramesh Kumar Mishra (DW1), Ramkripal (DW2), Kamal Bhan (DW3), Shankar Singh (DW4), Dr. S.A.Khan (DW5) and Constable Rajiv Pandey (DW6) were examined.