( 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 S

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