Both the aforesaid appeals emanate from the common judgment dated 1.8.2001, passed by Additional Sessions Judge, FTC Jaunpur in S.T. No. 203-A of 1984 and S.T. No. 39 of 1998, arising out of crime no. 57 of 1984, under sections 147, 148, 302, 307 and 109 I.P.C. P.S. Jalalpur, District Jaunpur, so they have been heard and are being decided together. Each appellant had been found guilty for the offence punishable under sections 148, 307/149 and 302/149 IPC and had been sentenced to undergo rigorous imprisonment for one year, three years and imprisonment for life respectively. Fine of Rs. 10,000/- each has also been imposed for the offence under section 302/149 IPC with default stipulation. All the sentences have been directed to run concurrently.

2. Succinctly, stated the facts giving rise to the present appeals are that Chirnjivi Rai son of Raja Ram Rai resident of village Lakhmipur, P.S. Jalalpur, District Jaunpur submitted a written report at 2.30 a.m. on 8.5.1984 in P.S. Jalalpur, wherein he stated that on account of election rivalry Hari Shankar Rai of his village was killed in the night of 24/25-3-1984 and in the criminal case he along with his younger brother Mewa Prasad Rai and one Ram Sevak Kurmi were nominated as accused. The report stated that due to this enmity in the night of 7/8-5-1984 at about 1.00 O'clock Uma Shankar Rai, Rama Shankar Rai, Madhav Shankar Rai, Satya Prakash Rai, Rakesh Prakash Rai, Gyan Prakash Rai @ Munna, Jai Prakash @ Lallan, Sri Prakash Rai @ Babban, Mahendra Prakash @ Lala, Chandra Bhan Singh, Jawahar Singh and Virendra Singh ( present appellants) along with 4-5 other persons came at his house. The informant was sleeping at the door of his house, the ladies were also sleeping there. At the door a lantern was lighting and there was electric light at the pumping set of Sita Ram. Whispers of movement of these persons woke up the complainant and he saw that Jawahar Singh and Virendra Singh ( present appellants) were armed with guns, while Daya Shankar Rai, Satya Prakash Rai, Mahendra Prakash Singh and Jai Prakash Rai were carrying country made pistols in their hands and the remaining accused were armed with lathis and ballams. Accused persons exhorted and challenged them to take revenge of the murder of Hari Shankar Rai and discharged shots from fire arms causing injuries to Mewa Prasad Rai, Manoj Kumar Rai, Smt. Ramkali @ Kagna, Manbhawati and informant's relatives Atma Rai and Achhaibar Singh. The complainant ran towards the jack-fruit tree and set ablaze the sarpat. When the accused failed to locate the informant then they said to see their sureties and went to the house of Sita Ram Rai and inflicted fire arm injuries to Smt. Dulari, Basmati, Manraji, Pyari, Dhan Devi, Sanjay Kumar @ Mammu, Thakur Prasad Rai, Shashi Kala and Ram Kumar. Thereafter the accused persons proceeded towards the house of Ram Sevak Kurmi but he could not be found as there was no one at his house. The accused then came to the house of Uma Shankar Rai and started hurling abuses to the complainant. It was noted by the complainant that the condition of the aforesaid injured was serious. The incident was witnessed by Udai Bhan Rai, Gulab Rai, Keshav Prasad Rai and Ram Sevak Kurmi in the light of torches and lantern, electric light and flames of sarpat. The report further stated that on account of fire arm injuries Atma Ram, Achhaibar, Ram Kali @ Kagna, Smt. Dulari, Smt. Basmati, Smt. Pyari, Manraji, Dhan Devi and Sanjay Kumar @ Mammu have succumbed to the injuries on the spot. After incident the accused persons made their escape good.

3. On the basis of this report case crime no. 57 of 1988 under sections 147, 148, 302/149, 504, 506 IPC was registered at the police station, the investigation whereof was taken up by SHO Yogendra Singh. He sent S.I. Lallu Ram Bhaskar and other police officials to the spot. In the morning of 3.5.1984 inquest reports of deceased Akshaybar Singh @ Reeshu, Dhan Devi and Manraji