This criminal appeal arises out of the judgment and order dated 24.9.1982, passed by the Additional Sessions Judge, Mainpuri in S.T. No. 91 of 1982, convicting and sentencing the appellants to imprisonment for life under section 302 read with section 149 I.P.C and to two year R.I under section 148 I.P.C.

2. t may be pointed out that out of eight appellants, three appellants Vishram, Shiv Narain Singh and Lal Singh have died and a report confirming their deaths was received from the Magistrate concerned. By an order dated 30.4.2013, the appeal of the said three appellants abated.

3. As the learned counsel for the appellants was not appearing, an order was also passed for appointment of Sri J.K. Sisodia as Amicus Curiae in this case on 30.4.2013. However, today when the case was called out for hearing, Sri Satish Trivedi, Senior Advocate and Sri J.K. Sisodia, learned Amicus Curiae appeared for the appellants. We have heard them also and Sri Anand Tiwari, learned A.G.A for the State.

4. Briefly the prosecution case was that on 4.10.1981 at 10.00 A.M, the deceased Madhav Singh along with the informant Baleshwar Singh, who was his brother and their nephew Radhey Shyam were returning after making a bandh ( dam) for preventing inundation of their field which was adjoining the river. When they were returning back to their homes, the deceased Madhav Singh was going ahead, whereas Baleshwar and Radhey Shyam were walking a few paces behind him. When they reached near the tube well of appellant Vishram Singh, then 8 accused persons came out of the room adjoining Vishram's tube-well. The accused Vishram Singh, Ram Naresh alias Naresh and Chhotey Lal were armed with Lathis. The appellants Jasram and Shiv Narain Singh were armed with Hockey sticks. The appellant Jashram was carrying a knife. Appellant Sarveer Singh was armed with a spear and appellant Lal Singh was armed with a Kanta. They all began to assault Madhav Singh. The deceased raising an alarm ran towards the south, whilst he was being chased and beaten by the accused and fell down in the field of one Vijay Narain. On the alarm of the informant and his brother, the deceased, the co-villagers who were working in their fields viz Rakshpal, Ram Singh, Amar Singh and Ram Ratan arrived at the spot. On their cry, the accused ran away towards the south through the Bajra fields. The deceased Madhav Singh was carried on a bullock cart to the police station but he died on the way near the brick-kiln of Babu Ram. A case was pending between the accused and prosecution side under section 107/116 Cr.P.C and because of this dispute, the appellants are said to have murdered the deceased.

5. The report as aforesaid scribed by Subhash Chand Yadav was lodged by the informant Baleshwar Singh PW-1 at police station Karhal which was at a distance of three miles on 4.10.1981 at 12.15 P.M. whereupon a case was registered under sections 147, 148, 149, 302 I.P.C.

6. PW-5 Head Moharrir Jaipal Singh prepared the check report on the basis of the report Ext. Ka-1 and also made the necessary G.D. entries and registered the case.

7. PW-7 S.O. Yad Ram Verma, commenced the investigation of this case. He got the inquest conduced by SI J.P. Suman PW-4. After recording the statement of the informant PW-1 Baleshwar Singh and Radhey Shyam ( who has not been examined in Court), the I.O. reached village Kanjra, where he could not find the accused in their houses. On 5.10.1981, he recorded the 161 Cr.P.C statements of Raksh Pal and Ram Singh, who have not been produced and Amar Singh, who has been examined as PW-2. He also inspected the spot. On the pointing out by the witnesses, he prepared the site plan Ext. Ka 16. He collected plain and blood stained earth from the field of Vijay Narain ( Ext. Ka-17). He also recorded the statements of the other witnesses named in the FIR ( who have not been produced). On receiving the post-mortem report, he completed the investigation and submitted the charge sheet ( Ext. Ka-