Judgment

K. JAYACHANDRA REDDY, J.- This is a regular appeal under Section 379 CrPC read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. There are six appellants. They along with one Kalyan Singh who died during the trial, were tried for offences punishable under Section 302 read with Section 149 IPC by the Additional District & Sessions Judge, Shahjahanpur and were acquitted. The State preferred an appeal against the remaining six accused. The High Court allowed the appeal. However, two of them A-5 Prem Pal Singh and A-6 Shyam Pal Singh who were children, were not awarded any sentence and the remaining four accused were sentenced to imprisonment for life. They were also convicted under Sections 324/149 and 148 and sentenced to two years and one year R.I. respectively. The sentences were directed to run concurrently. All of them have preferred this appeal. The prosecution case is as follows.

2. All the accused are related to each other and are Thakurs by caste while the deceased Sripal and the injured witnesses are Kachuwahas and all of them belong to the same village Deshpur. The village is predominantly inhabited by Thakurs and there was animosity between the accused and the deceased. It is alleged that in the year 1933 Narpat, the father of Sikdar, PW 1 was murdered and the relations of the accused Kalyan Singh were charged for that murder and were convicted. In 1967 one Premwati and Muthu were joint owners of land and Premwati sold her share to Sikdar and Muthu objected to the mutation but mutation was allowed. Muthu having got annoyed mortgaged his half share in favour of Kalyan Singh with a view to harass Sikdar. It is further alleged that Kalyan Singh damaged the crop of Sikdar as a result of which proceedings under Section 145 CrPC were initiated and the land purchased by Sikdar was attached. On March 8, 1974 at about 10 a.m. Sikdar was passing near the attached land when he saw Prem Pal Singh, A-5 and Brij Pal Singh, A-1 damaging the pea crops. Sikdar made a complaint to Jai Singh, Superdar, PW 3 and went to the spot along with him. Superdar PW 3 reprimanded Prem Pal Singh and Brij Pal Singh which they did not like. The present occurrence took place at about 4 p.m. on March 8, 1974. Sikdar was sitting on the chabutra of Ram Singh in front of Chaupal along with Sheda and Rameshwar. Gokaran and Ram Lal, brothers of Sikdar and Sheoraj son of Sripal were also standing in front of their houses. It was Holi festival and offerings were to be made to the Holi fire as per the custom. Vijay Singh, a close relative of Kalyan Singh asked Sikdar to come and make offerings in the Holika i.e. Holi fire but Sikdar declined. Shortly thereafter Kalyan Singh and Deep Singh, A-4 armed with lathis, Prem Singh, A-5 armed with a gun, Brij Pal Singh, A-1, Ram Pal, A-2 and Shiv Mangal Singh, A-3 armed with country-made pistols came from the south. It is alleged that Kalyan Singh and Deep Singh accused pointed to Sikdar and his family members and said that they should be killed. Thereupon Prem Pal Singh, A-5 fired his gun which hit Sripal son of Gokaran who fell down. The accused persons armed with country-made pistols fired at Sikdar and other members of his family and caused injuries to Sikdar, his brother Ram Lal, PW 2 and Gokaran and his son Sheoraj. This occurrence was also witnessed by Rameshwar PW 4, Sheda, Mulaiam and Raghunath. When the witnesses remonstrated, the seven assailants ran away towards south. Sikdar, PW 1 arranged to take the injured to the police station but he was informed that the accused persons were lying in ambush on the way to Mirzapur, upon which Sikdar decided to proceed to Police Station Jalalabad instead of going to Mirzapur. Sripal however died due to the injuries on the way before reaching the police station. Sikdar, however, gave an FIR on March 9, 1974 at about 6.30 a.m. and the papers were transferred to Police Station Mirzapur as the case related to the jurisdic