JUDGEMENT
MOHD.FAIZ ALAM KHAN,J. -
(1.)Heard learned counsel for the appellants, Wasim Ahmad as well as learned AGA for the State and perused the record. This criminal appeal has been preferred by appellants- Ram Kishan, Jagannath, Janki, Sri Ram, Babu, Ramadhar and Hardev, under Section 374(2) of the Cr.P.C. against the judgment and order dated 20.7.1982, passed by III- Additional District and Sessions Judge, Sitapur, in Sessions Trial No. 103 of 1980, ''State Vs. Ram Kishan and others', arising out of Case Crime No. 154 of 1979, under Sections 147, 148, 149, 302 IPC, relating to Police Station Tal Gaon, District Sitapur, convicting the appellant Hardev under Sections 148, 302 and 149 read with Section 323 IPC and appellants- Ram Kishan, Jagannath, Janki, Sri Ram, Babu and Ramadhar for the charges under Sections 147, 149 read with Section 302 and 149 read with Section 323 IPC whereby Hardev was sentenced for imprisonment for life with fine stipulation for one year imprisonment, for the offence under Section 148 IPC, for imprisonment of one and half year and under Section 149 IPC rigorous imprisonment for six months and for the offence under Section 323 IPC six months rigorous imprisonment. The trial court further sentenced appellants- Ram Kishan, Jagannath, Janki, Shri Ram, Ramadhar and Babu for life imprisonment and fine stipulation for the offence under Section 149 IPC read with Section 302 IPC and six months rigorous imprisonment for offence under Section 149 read with Section 323 IPC and one year rigorous imprisonment for the offence under Section 147 IPC.
(2.)The prosecution story as unfolded from the record of the subordinate court is that on 14.8.1979 at 9.10 A.M a written report was submitted to the S.H.O., Police Station Talgaon, Sitapur by informant Ram Raj son of Suraj Deen R/o Mauza Jaraili, Police Station Talgaon, District Sitapur alleging that in the rainy season a heavy water logging occurred in village Jaraili, Jaraili Purwa and Makhpur. In order to drain this water a drain was being dug from a pond situated in the west side of the village under the orders of the Block Development Authorities of Block Persendi. The drain was dug from village Jaraili till north of village Kailashpur. A part of this drain was passing in front of the field of accused Hardev. Today (14.8.1979) the labourers, namely, Shatrohan Lal Bahelia and Mahavir Chamar etc. were working in the drain. The informant was digging out weed from his paddy field. At that time Ram Kishan, Jagannath, Janki, Shri Ram, Babu and Ramadhar, armed with ''Lathis' and Hardev armed with a ''Kudal' arrived at the drain. Hardev scolded the labourers that as they have cut the roots of his trees and have also dug the ''mend', he will see them. Accused persons started cutting the roots of their trees and also started pouring mud in the drain in order to fill it. The labourers stopped the works of drain and went to the village Jaraili. After some time at about 8 A.M. Ambika Prasad along with Shatrohan and Mahaveer came at the drain and started explaining and pacifying the accused persons. There happened an exchange of hot words and this got the attention of Ram Raj, Chhotakau, Sant Ram and Satguru Prasad who reached the spot. Ram Kishan and others who were armed with Lathis chased Ambika Prasad up to the paddy filed of Kallu by giving blows of Lathis to him. Ambika Prasad fell down in the field of kallu and thereafter all accused persons declared that they will finish him so that he may taste the consequences of getting the drain dug . On this Hardev gave four blows on the neck of Ambika Prasad with his Kudal and all accused persons fled away. Informant along with Shatrohan, Chhotkau, Sant Ram and Satguru went to see Ambika Prasad and found him lying dead in the Nali drenched with blood.
(3.)On the basis of the aforesaid written information, a case was registered against all above mentioned accused persons at Case Crime No. 154 of 1979 under Sections 147, 148, 149, 302 IPC and the investigation of the case was entrusted to S.H.O. Shri Shiv Shankar Singh.