Judgment :

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the impugned judgment and order dated 24.5.2007 of the High Court of Judicature at Allahabad in Criminal Appeal No. 2681 of 1982, by which the High Court has affirmed the judgment and order passed by the IInd Additional Sessions Judge, Budaun dated 12.10.1980 in S.T. No. 540 of 1980, wherein the trial court had convicted the appellants alongwith other accused Jaganant Singh, Sahaab Singh and Meharban Singh under Sections 148, 323, 149, 324/149 of the Indian Penal Code, 1860 (hereinafter referred to as the `IPC’) and also under Sections 320/149 IPC. All the accused were sentenced to undergo RI for one year under Section 148 IPC and were further convicted for six months RI under Sections 324/149 IPC and for another six months RI under Sections 323/149 IPC and all of them were also stood convicted under Sections 302/149 for imprisonment for life.

2. The High Court has converted the aforesaid conviction and also acquitted all of them for the offence punishable under Sections 302/149 IPC. Kunwar Pal Singh and Sahaab Singh have been sentenced for ten years RI under Section 304-I IPC and the other remaining convicts were held guilty under Sections 148, 323, 324/149 IPC and reduced their sentences.

3. So far as the present appeal is concerned, it relates only to two appellants i.e. Sompal Singh and Kunwar Pal Singh. Sompal Singh is reported to have served out the sentence of 1-1/2 years awarded to him and in view of the statement made by Shri Ratnakar Desh, learned senior counsel appearing on behalf of the appellants, his appeal is dismissed as having become infructuous. So, we have to consider the case of remaining sole appellant Kunwar Pal Singh, the second appellant who has been convicted under Section 304-I IPC and sentenced to 10 years RI.

4. The facts and circumstances giving rise to this appeal are that:

A. Shanker Singh, the complainant, was irrigating his agricultural field by Persian Wheel (Rahat) on 21.5.1980. At about 11.00 AM, the cattle of Jaganant Singh reached on the well and started drinking water. As a result of which the water drain got damaged and this ultimately resulted in exchange of words between Shanker Singh and Jaganant Singh. Both of them subsequently finished their agricultural work and came to the village at their respective houses.

B. On the same day, both the appellants alongwith Meharban Singh, Sahaab Singh and Jaganant Singh attacked Shanker Singh at around 2.00 p.m. Kunwar Pal Singh and Sahaab Singh had Kanta, Sompal Singh had a ballam, Jaganant Singh had bhala and Meherban Singh had a lathi. When Bhoop Singh, Pooran Singh and Mukku Singh, family members of Shanker Singh, tried to save him, they also suffered injuries at the hands of the accused. Hearing the hue and cries, witnesses Bahadur Singh (PW.8), Hakim Singh (PW.9) and many other persons arrived at the place of occurrence. On seeing this, the accused ran away.

C. Shanker Singh, injured, dictated a report to his nephew Rajbir Singh and when taken to the police station Wazirganj in bullock-cart, he handed over the same to Constable Vidya Ram (PW.6), on the basis of which an FIR was registered for riot and assault. Shanker Singh, injured, as well as Mukku Singh, Bhoop Singh and Pooran Singh, injured persons were also examined. Shanker Singh was admitted in the hospital where he succumbed to the injuries on 24.5.1980. The postmortem was conducted on his body on 25.5.1980.

D. On conclusion of the investigation, chargesheet was filed and after conclusion of the trial, they stood convicted and sentenced by the trial court as referred to herein above.

E. Aggrieved, two appeals i.e. Criminal Appeal Nos. 2681 of 1982 and 2687 of 1982, were filed by the convicts which have been partly allowed by the High Court vide common judgment and order dated 24.5.2007.

Hence, this appeal.

5. Shri Ratnakar Dash, learned senior counsel appearing on behalf of the appellant, has submitted that th