JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. A Division Bench of the Allahabad High Court dismissed the appeal filed by the appellants who were convicted for offences punishable under Section 302 read with Section 149 and Section 307 read with Section 149 and Section 148 of the Indian Penal Code, 1860 (in short the ‘IPC’).

3. In all five persons had filed the appeal. During pendency of the appeal before the High Court appellant accused Mangaru died and the appeal stood abated so far as he is concerned. The learned 3rd Additional Sessions Judge, Azamgarh, had found the five accused persons guilty in S.T. No.78 of 1982. The present appeal has been filed by four of the accused persons who were A2, A3, A4 and A5 before the trial Court.

4. Prosecution version in a nutshell is as follows:

The incident resulting in the death of Sukhai and causing injuries to Sabhajit and Laljit occurred on 26.12.1981 in Village Larpur Saheb Ali situated within the limits of P.S. Didarganj, District Azamgarh. First Information Report was lodged on 26.12.1981 by Ramjit S/o Sukhai Yadav R/o Village Larpur Saheb Ali. The case of prosecution as appearing from the F.I.R. in brief is that the chak of the complainant Ramjit was situated in northern side near to the house of Mangaru S/o Munne Lal Yadav. On 26.12.1981 Sabhajit, brother of the complainant, along with one Dhodhai (PW-2) was harrowing his wheat field. At about 4.30 p.m. the bull of the accused Mangaru entered into another field of the complainant and started grazing and damaging the wheat crop. Sabhajit seeing the bull grazing and damaging his wheat crop, called Ramjit son of Mangaru and asked him to take out his bull. Sabhajit complained also to Ramjit that their cattle always trespass in his field and damage the grown standing crop. Thereupon, Ramjit hurling abuses to Sabhajit went inside his house and immediately thereafter the accused Mangaru and Rajdev having lathies in their hands and Ram Bachan, Ram Achal and Ramjit armed with knife, bhala and gandasi respectively came there and they all began to assault Sabhajit. When on hearing hue and cry, the complainant Ramjit, his father Sukhai and brother Laljit rushed to save Sabhajit, the accused persons assaulted Sukhai and Laljit also. Behind the complainant, his cousin Indrajit, witnesses Sabhajit S/o Bahadur Yadav and Sita S/o Madhar Yadav of his village and Ram Narayan Singh S/o Hub Raj Singh of village Larpur Jhokhu as well as his maternal uncle Sudarshan of village Gilwara also reached there. On being challenged by these persons, the accused went away after causing injuries to Sabhajit, Laljit and Sukhai. The complainant Ramjit witnessed the incident standing at some distance. Sukhai having sustained serious injuries fell down in the field and died instantaneously. Sabhajit and Laljit also sustained serious injuries due to which they were carried to Government Hospital, Phulpur for treatment. The complainant with the help of Banarsi, Jeetu, Adhin and Keesa carried the dead body of his father to P.S. Deedarganj and handed over written report there which was scribed by Abhai Raj (P.W.4).

On the basis of written report the then Head Moharir, Bal Govind Tiwari prepared chik F.I.R. and registered a case on 26.12.1981 at 6.30 p.m. under Sections 147, 148, 149, 323, 324, 307, 302 I.P.C. at Crime No.106/1981 against Mangaru, Ramjit, Ram Achal, Ram Bachan and Rajdev and made entry in G.D. vide Ext.Ka-3.

The inquest proceeding on the dead body of Sukhai was conducted on 27.12.1981 by S.I. Lat Buksh Singh (PW-5) who prepared inquest report and connected papers. Thereafter, the dead body in sealed condition was sent through the constable Ram Ugrah Pandit for post mortem examination which was conducted on 28.12.1981 at 2.00 p.m. by Dr. S.N. Sinha (PW-7) who prepared post mortem report. Various injuries were found on the person of the deceased. Investigation of the case was entrusted to S.I. Lat Buksh Singh (PW-5) who recorded the statement of