Hon’ble Bharat Bhushan, J.—Surviving appellants Ram Vishal Singh and Raj Bahadur Singh have been convicted under Sections 148, 304 and 149 of Indian Penal Code (In short I.P.C.) and sentenced to undergo life imprisonment under Section 304 read with Section 149 I.P.C. and rigorous imprisonment of one year under Section 148 I.P.C. vide judgment and order dated 18.3.1983 passed by VIIIth Additional Sessions Judge, Kanpur in Sessions Trial No. 222 of 1981 (State v. Ram Autar and others) arising out of Crime No. 46 of 1980 P.S. Musa Nagar, District Kanpur.

2. Appellant No. 1 Ram Autar Singh has died, therefore, his appeal stand abated in view of the order dated 19.5.2016 of this Court.

3. Prosecution story in brief is that one revenue case was pending between Munna Singh and Mukta Singh in the Tehsil Ghatampur. Deceased Harnam Singh was the Pairokar of Munna Singh while appellants Raj Bahadur Singh, Ram Vishal Singh and late appellant Ram Autar Singh were supporting Mukta Singh. Deceased Harnam Singh had also quarreled with appellants regarding some water dispute, one year prior to the incident. On day of occurrence i.e. on 28.3.1980 at about 5 p.m.. informant Nathu Singh (P.W.2), Subedar Singh (P.W. 1), Munna Singh (P.W. 3) Shiv Baran Singh (P.W. 4), Jagat Prasad (P.W. 5) and Shyam Singh (P.W. 6) were coming back from Tehsil Ghatampur towards their own village. As soon as they reached village Vallahan, (near an agricultural farm of one Jawaharlal) they were accosted by appellants Raj Bahadur, Ram Vishal, late appellant Ram Autar, Shiv Baran, Vishwanath, Surendra Singh, Madan Pal Singh, Suresh Singh and Jaipal Singh. They were armed with various weapons. Appellants Ram Vishal, Raj Bahadur and late Ram Autar were holding Farsa (spade) and remaining persons were wielding lathies. Appellant Raj Bahadur forcibly put down deceased Harnam Singh on the ground. Appellants Ram Vishal Singh and late Ram Autar Singh started beating deceased Harnam Singh with Farsa (spade) on the instigation of appellant Raj Bahadur Singh. Remaining persons used lathi in assaulting deceased Harnam Singh. Injured Jagat Prasad also received lathies blow. Informant and his companions raised alarm whereupon accused persons fled away from the spot. In this assault deceased Harnam Singh and injured Jagat Prasad sustained injuries. Deceased Harnam Singh was taken to the Police Station on bullock cart where informant Nathu Singh, P.W. 2 dictated First Information Report (F.I.R.) Ext. Ka-2 to scribe Munna Singh which was then lodged at 12:30 in the night.

4. It is stated that the report was transcribed by Munna Singh out side the Police Station and thereafter it was submitted to Police personnel. Deceased Harnam Singh succumbed to injuries after two days. Autopsy was conducted. The Sub-Inspector started investigation. Samples of blood stained earth and simple earth were taken. Site plan was prepared. A charge-sheet was submitted against the accused.

5. Trial Judge charged accused persons, namely, Raj Bahadur, Ram Vishal and late Ram Autar under Sections 148, 304 read with Section 149 I.P.C. vide order dated 3.11.1982. Similarly, remaining six accused were also charged under Sections 147, 304 read with Section 149 I.P.C. on the same day by VIIIth Additional Sessions Judge, Kanpur. Accused pleaded not guilty and claimed that they have been falsely implicated on account of previous enmity. The defence version is that deceased Harnam Singh was beaten to death by some unknown persons in the night and the accused persons have been falsely implicated in this case due to village rivalry.

6. Prosecution adduced the evidence of P.W. 1 Subedar Singh, P.W. 2 Nathu Singh, P.W. 3 Munna Singh, P.W. 4 Shiv Baran Singh, P.W. 5 Jagat Prasad, P.W. 6 Shyam Singh, P.W. 7. Advocate Harish Chandra Singh, P.W.8 Dr. R.B. Mishra, P.W. 9 D.S. Dixit (S.O.), P.W. 10 R.V. Verma, P.W. 11 Advocate Vijay Narain Singh and P.W.12 Advocate Sangram Singh.

7. Deceased Harnam Singh was initially ex