(Delivered by Hon'ble Shashi Kant Gupta J.)

1. This criminal appeal has been preferred by the accused appellants against the judgement and order dated 30.11.1999 passed by the Sessions Judge, Mau in Sessions Trial No. 93 of 1998 (State vs. Amresh Singh and another) convicting and sentencing the appellants for the offences punishable under Section 302/34 IPC to undergo life imprisonment.

2. At the outset, it is relevant to mention here that during pendency of this appeal, the appellant No. 1 - Amresh Singh has died. Accordingly, vide order dated 14.11.2007 this Court has abated the appeal as against the appellant No. 1 - Amresh Singh.

3. Now, we are proceeding to consider the present appeal in respect of the remaining appellant No. 2 Ram Awadh Singh.

4. The facts of the case, as unfolded by the informant Vinit Kumar Singh in the First Information Report (in short 'F.I.R.'), are that there was an ongoing enmity for the last many years over the landed property between Udayee Singh (Deceased), the grand father of the informant and the accused persons. Due to which, Udayee Singh along with the informant and other family members had started to live in a separate 'Pucca' house constructed by him towards south of the village.

5. A day before the occurrence Udayee Singh had spread "Khoiya" (the part of sugarcane which remains after extracting its juice) for drying in front of his Kachcha house. On the day of occurrence i.e. 17.2.1998 at about 6.00 A.M., accused Amresh Singh was passing over the spread Khoiya. On being asked to stop from doing so by the deceased Udayee Singh, accused Amresh Singh started abusing Udayee Singh and the mother of the informant, to which they had objected. Thereafter accused Amresh Singh went back towards his house.

6. At about 7.30 A.M., Udayee Singh was giving fodder to his cattle, the mother of the informant had gone to throw away the dung, Lalit Kumar Singh, the younger brother of the informant and Km. Mamta Singh, the sister of the informant were sitting in front of the Pucca house and Smt. Parmi Devi, wife of Tirth Raj Singh was at her old house. Suddenly, Amresh Singh armed with an axe and his brother Ram Awadh Singh with a Danda came to the house of the informant shouting "Iske Ghar Ka Safaya Kar Diya Jaeye". Then Amresh Singh ran towards Udayee Singh and caught him after surrounding him. Accused Amresh Singh hit him with an axe and Ram Awadh started beating him with the Danda as a result of which Udayee Singh got hurt and fell on the ground. On this the accused Ram Awadh caught hold of Udayee Singh and co-accused Amresh Singh inflicted repeated blows with the axe on the face of Udayee Singh. When Smt. Kalawati, the mother of the informant rushed to rescue Udayee Singh, Ram Awadh caught hold of her also and belaboured her with Danda. Accused Amresh Singh also inflicted injuries with his axe. Then the mother of informant also fell on the ground. On this Ram Awadh again caught hold of the mother of informant and accused Amresh gave several axe blows on her head with the result Udayee Singh and Kalawati both, succumbed to their injuries. Informant, his brother and their grand mother had been crying for help. The accused persons after committing the murder of grand father and mother of informant fled away with their weapons.

7. A written report of the occurrence was prepared by Vinit Kumar Singh, P.W.1. On the basis of written report Ext. Ka-1, P.W.4 Rana Pratap Sigh, Constable Moharir of police station Mohammadabad prepared a chick F.I.R Ext. Ka-8 and case was registered on the same day at 9.30 A.M. The entry was made at report no.12. The extract of G.D. is Ext. Ka-9.

8. Inquest reports of the dead body of Udayee Singh and Smt. Kalawati were prepared on the same day by S.I. Sri Balbir Singh which are Exts. Ka-10 and Ka-11 respectively. In respect of the dead body of Udayee Singh letter to C.M.O letter to R.I., photo of the dead body and Challan lash were prepared by P.W.5 Sri Kripa Shankar Shu