Judgment :

C. Nagappan, J.

1. This appeal is preferred against the judgment of the High Court of Allahabad in Criminal Appeal No. 2986 of 1982. The appellants herein are accused Nos. 2, 4 and 7 respectively, in Sessions Trial No.106 of 1980 on the file of IIIrd Additional Sessions Judge, Mirzapur and they were tried along with 4 others and all of them were convicted for offences under Ss. 147, 323/149 and 302/149 I.P.C. and each of them was sentenced to undergo rigorous imprisonment for 1 year for the offence under S.147 I.P.C., six months rigorous imprisonment for the offence under Ss. 323/149 I.P.C. and life imprisonment for the offence under Ss. 302/149 I.P.C. Aggrieved by the conviction and sentence accused Nos. 1 to 7 preferred criminal appeal No.2986 of 1982 and the High Court by impugned judgment dated 3-2-2012 (reported in 2012 (3) ALJ 557) dismissed the appeal preferred by accused Nos. 2, 4 and 7. The appeals preferred by accused Nos. 1, 3, 5 and 6 stood abated as they were reported dead. Challenging the same accused Nos. 2, 4 and 7 have preferred this appeal.

2. The prosecution case in brief is as follows:

Accused Jokhai, Nachakau and Sadhu are brothers being sons of Barakau and accused Chaitu, Kishana and Kinka are brothers being sons of Chhote. These six accused belong to the same family. The accused Dhorha was originally resident of a village in Bihar. Deceased Rajmani @ Bihari was the nephew of the complainant/PW1 Gomti. All of them were residents of village Layan and their agricultural lands were situated nearby each others. On 1-2-1980 at about 8.00 P.M. when PW1 Gomti and his nephew Rajmani @ Bihari were irrigating their lands with canal water, accused Jokhai went there and opened Muhar of Nali and diverted the water of the canal to flow into his field. On this issue there was altercation between the parties and also scuffle between them which ended by the intervention of PW2 Vishwanath and PW3 Sikander. Accused Jokhai went to his house and came back again to the field along with other accused and assaulted PW1 Gomti and his nephew Rajmani @ Bihari with lathi-danda, legs and fists. Accused-Chaitu gave lathi blows to Rajmani as a result of which he fell down whereupon accused-Kinka mounted upon his chest and beat him with fists while other accused gave blows with lathi, legs and fists. PW1 Gomti, PW2 Vishwanath and PW3 Sikander intervened along with Himchha Narain, Jagannath and Surya Bali and due to their intervention accused persons went to their house. Rajmani became unconscious as a result of injuries and was taken to house along with injured PW1 Gomti. Due to distance and fear of the accused the injured could not be taken to the Police Station Halia or Hospital. In the early morning of 2-2-1980 while being taken to Police Station Rajmani succumbed to his injuries. PW1 Gomti with the help of PW3 Sikander prepared a written report and lodged the same with PW6 Sub-Inspector Surya Bali Singh at Police Station Halia. Ex Ka-1 is the complaint. Ex Ka-5 is the Chick report. Ex Ka-6 is the G.D. entry. PW6 Sub-Inspector took up the investigation prepared Ex. Ka-9 Panchayatnama and sent the body for post-mortem.

3. PW4 Dr.Mohd. Tauhid was Medical Officer at P.H.C. Lalganj on 2-2-1980 and he examined the complainant/PW1 Gomti at 8.45 P.M. and found the following injuries:

1. Superficial injury in the form of abrasion 1.5 cm x 2 cm in the left upper arm, anteriorly, 8 cm away from the lateral end of the clavicle. Tenderness and signs of inflammation were present. Similar injury was present in the same upper arm in the middle measuring 2 cm x 3 cm laterally.

2. There was blackening of the nail of left ring finger with mark of clotted blood at the margin of the nail. Tenderness and inflammation signs were present.

3. Transverse linear skin deep injury of 2.5 cm x ½ cm with blood clot and all signs of inflammation on the dorsal surface of the junction of the first and middle phalanx of the right ring finger. Dried blood w