( 1 ) THIS appeal was filed on behalf of Sri Narain, Ram Parwesh, Thagai, ghisiyawan and Hari Nath. Sri Narain was convicted under Sections 148, 302/149 and 323/149 IPC and the remaining accused were convicted under Sections 147, 323/149 and 302 read with Section 149 IPC. They were, however, sentenced under Section 147 ipc for 6 months R. I. , under Section 323 read with Section 149 IPC for 6 months R. I. and under Section 302 read with Section 149 IPC for life imprisonment.

( 2 ) THE prosecution story as adumbrated in the F. I. R. , in brief, is that the accused and the deceased party are collaterals. They came from the same family tree of Sheo govind, their ancestor. Sheo Govind has two sons Gobardhan and Gopi. Gobardhan has four sons viz. Sri Narain, Ghisiyawan, Ram pravesh and Thagai. All of them were accused in this case. Gopi himself was injured in the case. His son Lalji died in the incident in thi nospital as a consequence to the injuries suffered. His sons Keshawa and parasnath are injured witnesses in the incident. They are P. Ws. 4 and 5. The incident occurred at field No. 332. The prosecution claimed that Lalji and Parasnath were ploughing the field when the assailant Sri narain, Ghisiyawan, Ram Prawesh, Thagai along with Hari Nath and Chhedi who died during the trial accosted them there. An altercation preceded before accused persons lay on with Lathi arid Pharsa upon Gopi and deceased Lalji. Keshawa Parasnath and narendra reached the spot of occurrence on alarm. They were also assaulted. Litigation regarding the impugned field wasgoing on between these parties for the last several years. It was pending in the Court of D. D. C. According; to the prosecution this plot exclusively was in their possession being the property of their grand father Gopi. Gobardhan brother of Gopi was living separately and had nothing to do with this plot. However, the admitted fact was that the civil dispute was going on with regard to this plot between these parties. The present incident occurred on 23-6-1978 at about 8. 00 or 9. 00 a. m. when Gopi and Lalji were levelling the plot after ploughing plot No. 332. As earlier stated all these accused reached the plot. Sri Narain was armed with a Pharsa and the remaining accused were having Lathis. An objection was raised against the levelling of the field by the accused party. It was, however, resisted by Lalji and Gopi. Wordy dual between the parties ensued. Ghisiyawan exhorted his companions to kill them. Sri Narain assaulted Lalji with Pharsa and remaining accused wielded their Lathi upon gopi. The informant Keshawa and his brother Paras and Narendra wielded Lathi and Kudal in their defence causing injuries upon some of the accused persons. After the assault the accused persons took to their heels.

( 3 ) LALJI was carried to the hospital immediately thereafter. Initially on a cot upto betiyapur and from there on a taxi to the district Hospital. He was admitted there. His injuries and injuries of other injured persons were examined in the District Hospital, Deoria. Keshwa after medical examination came to the police station with a written report which was transcribed by Bhaskar choube. It was handed over at the police station. Written report in Ext. Ka-6. Check report, Ext. Ka-16, was prepared by Mohd. Hamaza, Head Moharir, at 7. 40 p. m. on 23-6-1978. G. D. entry pertaining to it is Ext. Ka-17. The case was registered at the police station but since the concerned police station was Kasia, the papers, therefore, were sent there. These papers were received at p. S. Kasia on 24-6-1978 and the case was registered in G. D. Ext. Ka-8.

( 4 ) ALL the injured were medically examined at the District Hospital, Deoria, by P. W. 3 dr. Jagdtsh Prasad Pande on 23-6-1978. Lalji was examined at 1. 00 p. m. and following injuries were noticed :

1. , Incised wound 6" x 1/2" bone deep at some places on middle of vertex obliquely from left to right. Advised X-rays.

2. Abrasion 1" x 1/4" on left knee front.

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