YOGENDRA KUMAR SANGAL,J. - (1.)THIS appeal is at the instance of the six accused -persons namely Raj Kishore, Hira Lal, Raj Bux, Subedar, Ramdhani, Deo Prasad who were convicted by the Court of 3rd Additional Sessions Judge, Gonda in Session Trial No. 242 of 1978 State vs. Raj Kishore & Ors. All the six accused -appellants have been convicted and sentenced for the offence under Section 302/149 for life imprisonment. In addition, Raj Kishore, Hira Lal and Raj Bux were sentenced for three years rigorous imprisonment for the offence under Section 148 IPC. Subedar, Dev Prasad and Ramdhani were sentenced for two years rigorous imprisonment for the offence under Section 147 IPC. All the sentences were ordered to run concurrently.
(2.)ACCUSED Ramdhani died during the pendency of the appeal. Report of his death was sent by the learned Chief Judicial Magistrate, Gonda dated 20.07.2007 is available on the record, hence appeal stands abated on his behalf.
Prosecution story as stated in the FIR is that on 28.06.1977 at about 4.30 p.m. when Harihar Saran (deceased) along with Raghav Ram (complainant), Ram Nath, Babu Ram and Nand Lal was returning home from Bazar and they reached upto the West of Village Kanchanpur, all the accused -persons having "Kanta", "Ballam" and "Lathi" in their hands came out from the side of the road. They all were in ambush there under "bail -tree". Complainant Raghav Ram etc. tried to escape from there raising alarm but one out of them Harihar Saran could not flee and came in the clutches of the assailants. All the accused persons dealt him with the blow of "Kanta", "Ballam" and "Lathi". Complainant etc. tried to rescue him from their clutches after return but of no avail. In the meantime, people from the village Kanchanpur came there. Accused -persons succeeded in escaping from there towards West. When they reached on the spot, they found Harihar Saran dead lying there on the roadside. Accused -persons have left there two bicycles underneath the bail -tree. On the dictation of Raghav Ram (complainant), Ram Nath present on the spot scribed the FIR there. The same was presented at the police station Colonelganj at about 7'O clock in the same evening. Case was registered against all the accused -persons named in the FIR under Crime No. 157 for the offence under Section 147, 148, 149, 302 IPC.

(3.)INVESTIGATION in the matter was started by the police of P.S. concerned. Sri Ram Shanker Divedi Investigating Officer immediately reached on the spot. Dead body of Harihar Saran found on the spot was taken by him in his custody. Inquest proceedings were started but not completed due to paucity of the light. In the following morning, inquest proceedings were held and completed and report was prepared. Dead body was sealed and photo lash, challan lash and letter to C.M.O. etc. were prepared and body was sent for post -mortem. Two bicycles of the accused -persons and one of the deceased were recovered from the spot. Blood -stained and "Sada -Mitti" were also collected. Site plan was prepared. Statement of witnesses were recorded. Later on, Sri Divedi (investigating officer) was transferred. Further investigation was entrusted to another investigating officer who had recorded the statement of the rest witnesses. Doctor H.C. Srivastava conducted the post -mortem on the dead body. He prepared the report and had given the details of ante -mortem injuries found on the body of the deceased. He had also given general condition of the body in the report. After concluding the investigation and seeing the involvement of all the named accused persons in the occurrence he submitted charge -sheet against them. As the case was exclusively triable by the Court of Session, so after taking cognizance in the matter, learned Magistrate has committed the case to the Court of Session where all the accused persons were charged to face the trial, but they have pleaded not guilty and they claimed their trial.