JUDGMENT

S.N. Phukan, J.-This appeal is by the accused persons against the judgment and order of the High Court of Allahabad by which the High Court after setting aside the order of the acquittal convicted five appellants namely Ram Swarup, Parmeshwar Din, Radhey Shyam, Anant Ram and Satya Dev under Sections 148, 302/149 and 307/149 IPC. They were sentenced to life imprisonment under Sections 302/149 IPC and five years rigorous imprisonment under Sections 307/149 IPC. They were also sentenced to one year rigorous imprisonment for the offence under Section 148 IPC. Sentences were to run concurrently.

2. Briefly stated the prosecution case is that on 6.9.1977 at about 6.30 a.m. Rameshwar, had gone to his grove where he was confronted by the accused who were armed with deadly weapons, accused Ram Swarup had a gun, Parmeshwar had Kanta, both Anant Ram and Satya Dev had Sooja and Radhey Shyam had Kanta. It has been alleged by the prosecution that accused had earlier enmity. Rameshwar ran towards the house raising alarm and he was chased by accused. When he reached near his house his father Jagannath and brother Raja Ram came out from the house raising alarm. Two other brothers of Rameshwar and other villagers came to the spot. Ram Swarup fired from his gun at Raja Ram and other accused started assaulting Rameshwar and Jagannath with their respective weapons. Thereafter accused fled away but accused Satya Dev was apprehended at the spot.

3. Accused Ram Swarup, Parmeshwar Din, Satya Dev and Anant Ram are brothers and accused Radhey Shyam is son of accused Anant Ram. Rameshwar (PW-1) is the son of Jagannath (PW-7) and deceased Raja Ram was also the son of Jagannath (PW-7).

4. We have heard Shri N.P. Midha, learned counsel for the appellants and Shri Pramod Swarup, learned counsel for the respondents.

5. Both the courts below held that prosecution was able to prove that deceased met with homicidal death and also accepted the prosecution version of the story that there was enmity between the parties regarding lodging of buffalo belonging to accused Anant Ram in the cattle pound by Jagannath and filing of FIR by accused Satya Dev against Raksh Pal son of Jagannath alleging theft. It may be stated that in the trial Court accused did not challenge the factum of murder but the place and time of incident, as according to accused some unknown persons committed murder of deceased Raja Ram during night and also caused injuries to Jagannath and Rameshwar but as the assailants could not be recognised accused were falsely implicated due to previous enmity.

6. From the evidence of Dr. Sudhir Singh (PW-2) who conducted autopsy on the body of Raja Ram on 7.7.77 at about 11 a.m. we find that there were gun shots injuries on the body of deceased in addition to abrasions and lacerated wounds. By examining Dr. V.K. Agrawal (PW-4) prosecution proved that Jagannath and Rameshwar had injuries on their bodies.

7. To prove the case, the prosecution has examined three eye witnesses namely Rameshwar -PW-1, Jagannath-PW-7 and Roop Ram - PW-8. PW-1 and PW-7 were also injured. PW-1 in his evidence has clearly stated that in the morning around 6.00 a.m. when he went to his garden which is about 100/125 paces east of his house and he was surrounded by accused persons armed with deadly weapons including gun for assaulting him, therefore, he ran away towards the house shouting for help. On raising alarm his brother deceased Raja Ram and his father (PW-7) came out from the house and accused Ram Swarup fired at deceased Raja Ram with his gun who fell down, other accused surrounded him and his father (PW-7) and assaulted them with Sooja and Kantas causing injuries. When other persons arrived accused fled away but accused Satya Dev was apprehended. This version of prosecution story is supported by injured PW-7 and other eye witness PW-8. We have been taken through the evidence on record and we are satisfied that the High Court rightly placed reliance on the evidence of the above