( 1 ) FIVE persons namely, Mahesh, Manna, Virendra, Parashu Ram and Shankar were tried in sessions Trail No. 262 of 1976 before the II Additional Sessions Judge, Deoria and they came to be acquitted. The charges against Mahesh, Virendra, Parashu Ram and Shankar were of Section 147 and 307 read with Section 149 I. P. C. whereas accused respondent Manna was charged under sections 148 and 307 I. P. C. simpliciter. The incident took place on 19. 8. 1974 at about 8. 30 P. M. near Amar Jyoti Crossing, Police Station Kotwali, District Deoria and the F. I. R. was lodged the same night at 9. 30 P. M. by Dharamraj Singh, (PW 6) an eyewitness. Mahesh, Manna and virendra accused respondents are real brothers being sons of Radha Kishan, Parashu Ram and shankar are also real brothers being sons of Raghubir. Dharam Raj Singh and Ramagya sustained injuries in the incident.

( 2 ) PARASHU Ram died during the pendency of the appeal and the same abated respecting him on 28. 2. 2005.

( 3 ) SHORT listing, the facts are these: Dharam Raj Singh PW6 was the resident of village Bharauli, police Station Khukhundu, District Deoria. On 17. 8. 1974 the accused Parashu Ram and others had beaten up