Honble SINHA, J.— Appellants are before us questioning the correctness of a judgment and order of a Division Bench of the High Court of Judicature at Allahabad dated 4th April, 2005 affirming a judgment and order dated 23rd December, 1997 passed by the 1st Additional Sessions Judge, Meerut convicting the appellants herein under Sections 302 read with Section 149 of the Indian Penal Code and Sections 148 and 323/149 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life, rigorous imprisonment for two years and rigorous imprisonment for three months respectively. The sentences were, however, directed to run concurrently.

2. Appellants, the deceased and the prosecution witnesses are agnates being descendants of one Badan Singh.

3. The genealogical chart of the family is as under :-

Badan Singh

Ratiram Kallu

Khajan Lalsingh Mulchand Shadi Ramasrey

Hemraj Atarsingh

Sachida-nand Jagban-dhan (decd.) Arun

(R-5) Anirudh

(R-6)

Dhumsingh

(now dead) Kaleyram Mittan (injured)

(PW5 now dead)

Virender Pal

Abhimanu Satyapal Jasvir Suresh-

chand

(Compl-ainant) Janmejai

Randhir

(Decd.) Sukhbir Raghunath

Nem Singh Sat-kumar

Dallu Neki Baljit Hukma Laxman Tilakram

(A-1, now dead)

Vedu Harvir Jagmeg Dansahai (A-6) Dalbir

(A-5)

Satbir

(A-4) Vakil

(A-2) Lekhpal

(A-3) Brahmpal Rajpal

4. Enmity between the two parties was a long standing one. It started with murder of one Laxman brother of Tilak Ram (A-1) and father of Dalbir (A-6) as well as Danaahai (A-5). Jagbandhan (deceased No.1), father of Arun and Anirudh alongwith 10 other persons were prosecuted therefor. Jagbandhan (deceased No.1), Dhum Singh (PW-7) and Gandhari wife of Ajab Singh (PW-6) were convicted, but others were acquitted in that case. However, the High Court on an appeal preferred by the said four persons acquitted them. Proceedings under Sections 107/117 of the Code of Criminal Procedure had also been initiated by and against both the parties.

5. The incident in question took place on 27th November, 1997 at about 11.00 a.m. According to the first information report which was lodged by Suresh Chandra (PW-1), at about 10.00 a.m. he alongwith his cousin Jagbandhan (deceased No.1) and brother-in-law Ajab Singh were working in their fields. Tilak Ram, Satbir, Vakil and Lekhpal were also plough-ing their field. At that time, they started cutting soil from the ridge of their field to which Jag-bandhan objected. To this the accused persons started abusing him. Randhir (deceased No.2) intervened. Tilak Ram (A-1) and his three sons Satbir (A-4); Valil (A-2) and Lekhpal (A-3) left the field extending threats. They returned with Dalbir (A-5) ; Dansahai (A-6) and Harvir (A- 7).

6. Accused Tilak Ram, Dalbir and Harvir were armed with ballam ; Vakil and Lekhpal were armed with Balkari and Satbir and Dansahai were armed with Bhala. Deceased No.1 Jagnandhan was smoking a ‘Hukka’ at that time. He was assaulted by the accused persons in presence of Suresh Chandra (PW-1), Mithan (PW-5) and Ajab Singh (PW-6). PW-5, Mithan is also an injured eye witness.

7. Ajab Singh (PW-6), Sachitanand and Janmajay, upon hearing the cries, ran towards the scene of occurrence. Accsued Satbir, Vakil and Lekhpal chased them. They fled and took shelter in the field of Bakhty. Mithan (PW-5), who was working in his field was also attracted by the noise. They intercepted him. Satbir assaulted him with Bhala. Meanwhile Tilak Ram reached there and asked the accused persons to leave him and proceed to the village to do away with Randhir. Accused persons therafter went towards the Village. Randhir was sitting on his cot in his ‘gher’. His wife Kishan Devi (PW-4) was cleaning the buffalo. On seeing the accused, Randhir (deceased No.2) tried to run away to save his life but was chased, surrounded and assaulted by the accused persons. He died on the spot. Upon being informed by Mithan (PW-5) that accused had gone towards the village to do away with Randh

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