Hon’ble Om Prakash-VII, J.—This criminal appeal has been preferred by the appellants Chhangur Bhar, Baijnath Bhar, Dukharan, Ghoora, Ghurpatari, Swaminath and Kailash against the judgment and order dated 18.9.1982 passed by IIIrd Additional Sessions Judge, Ballia in Sessions Trial No. 18 of 1981 pertaining to crime No. 141-A of 1979, Police Station Haldharpur, District Ballia whereby accused-appellant Chhangur has been convicted under Section 302 of the Indian Penal Code (in short “the IPC”) and sentenced to life imprisonment. He has also been convicted under Section 147 IPC and sentenced to six months’ rigorous imprisonment and under Section 323 read with Section 149 IPC and sentenced to six months’ rigorous imprisonment. Accused-appellant Baij Nath has been convicted under Section 308 IPC and sentenced to two years’ rigorous imprisonment. He has also been convicted under Section 147 IPC and sentenced to six months’ rigorous imprisonment and under Section 323 read with Section 149 IPC and sentenced to six months’ rigorous imprisonment. Accused-appellants Dukharan, Ghoora, Ghurpatari, Swami Nath and Kailash have been convicted under Section 325 read with 149 IPC and sentenced to two years’ rigorous imprisonment. They have also been convicted under Section 147 IPC and sentenced to six months’ rigorous imprisonment and under Section 323 read with Section 149 IPC and sentenced to six months’ rigorous imprisonment. It was further directed that all the implanted sentences shall run concurrently.

2. During pendency of the appeal, appellants Baij Nath, Dukharan, Ghurpatari, Swami Nath and Kailash are reported to have died. Hence the appeal abates so far as they are concerned. We are required to consider this appeal only with regard to the appellants Chhangur and Ghoora.

3. The prosecution story, in a nutshell, as it emerges from the written report (Ex.Ka-1) is that the informant, Ram Cheej Singh was the resident of village Ratohi (Nawalpur), P.S. Haldharpur, District Ballia. On 29.10.1979, the informant’s ‘pattidar’ Ram Sarikh Singh had been irrigating his field since 4:00 a.m. using the water of the eastern drain of the Government Tube-well. At about 7:00 a.m., accused Chhangur, Baijnath, Ghoora, Dukharan, Ghurpatari, Swaminath son of Dewoo and Kailash, having armed themselves with lathi, danda and spade, came there and forcibly broke the ‘pucca’ drain and diverted the water of the said drain to the field of accused Chhangur. On the protest of Ram Sarikh Singh, the accused persons started abusing him and creating a ruckus. Hearing the uproar, the informant Ram Cheej Singh, his father Gaya Singh, Shiva Nand and Ram Surat Singh rushed on the spot to intervene, thereupon the accused persons began to beat the informant and his men on the exhortation of accused Baij Nath. Accused Baij Nath struck a lathi blow on the head of Gaya Singh, whereupon he fell down on the ground. Thereafter, the accused Chhangur struck a blow on the head of Gaya Singh with the back-head (Pasha) of the Spade by which he fell down and was profusely bleeding from his head. On hearing the noise from the spot, Ganga, Ram Roop, Swami Nath Singh (P.W.3) son of Basudev Singh and many other villagers arrived there and intervened. The informant Ram Cheej Singh, Shiva Nand and Gaya Singh received injuries during the incident. Gaya Singh became unconscious after receiving the head injury from the reverse side of the Spade.

4. After the incident, the informant Ram Cheej Singh (P.W.1) prepared the written report (Ex.Ka-1) and carried Gaya Singh on a cot to the Police Station Haldharpur to lodge the First Information Report on the same day. Police registered the First Information Report vide chick report (Ex.Ka-2) on the basis of written report (Ex.Ka-1) at 8:40 a.m. and entries in the General Diary was also made. Carbon copy of the entries to the General Diary have been proved as Ex.Ka-3. Initially, the case was registered against the accused persons under Sections 1