Judgment

S.B. Sinha, J.—These appeals arising out of a common judgment and order dated 22nd April, 2004 passed by the High Court of Judicature at Allahabad in Crl. Appeal No. 660 of 1981 and Crl. Appeal No. 668 of 1981 were taken up for hearing together and are being disposed of by this common judgment. Criminal Appeal No. 1150 of 2004 is by Triloki Nath, Krishna Chandra Singh, Shashi Kant and Sahdev (Accused Nos. 6, 5, 7 and 8 respectively). Criminal Appeal Nos. 1173, 1172 and 1173 of 2004 are respectively by Kunwar Prahald Singh (Accused No. 1), Jitendra alias Mister (Accused No. 2) and Gopal (Accused No. 3). One of the eight accused namely, Chhanga has not filed any appeal.

Background Fact :

2. The residents of village Devanand Pur had been performing “Holika Dehan” for a long time on Plot No. 399, which is said to be a banjar land. Kunwar Prahlad Singh became the owner of the said plot. He tried to enclose the said plot by a `Mend’ (Fence). An objection thereto was raised by the villagers including Laxmi Shankar Srivastava (PW-3); a complaint wherefor was made pursuant whereto an intervention was made by the police.

FIRs Relating to incident :

3. On the Basant Panchami day, the vill