Shailendra Kumar Agrawal, J.

1. Both the aforesaid criminal appeals have been preferred against the judgment and order dated 24.1.1986 passed by Sessions Judge Banda in the Session Trial No. 305 of 1985 (State of U.P. Vs. Chhotuku Singh and five others), under Sections 147 I.P.C. and 302 read with Section 149 I.P.C. PS-Atarra, District-Banda, by which the appellants namely Chhotuku, Babu @ Rajendra Singh, Chandrapal Singh, Giyan Singh, Laltu Singh and Arjun Singh were convicted and sentenced to undergo two years of R.I. under Section 147 I.P.C. and sentenced to life imprisonment under Section 302/149 I.P.C. each.

2. Heard Shri Arvind Kumar Srivastav, learned counsel appearing as amicus curiae on behalf of appellants Giyan Singh and Arjun Singh, Sarvshree Mr. Rajrshi Gupta, learned Advocate, appearing on behalf of appellant Chhotuku Singh, Mr. C.P. Awasthi and Mr. S.C. Sahu, learned counsels, appearing on behalf of appellants Chhotuku Singh, Babu @ Rajendra Singh and Laltu Singh and Shri Mahendra Singh Yadav learned A.G.A. for the State and perused the record. During the pendency of the appeal, the appellant Chandrapal died and his appeal was abated vide order dated 5.11.2015.

3. The brief facts of the case are-that first informant Kallu s/o Ramdi Chamar resident of village Tera informed the police station Atarra that he is ploughman of Indrapal. Indrapal was doing the work in his field of grove. Chhotuku s/o Bhura Singh, Arjun Singh s/o Kallu Singh, Babu @ Rajendra Singh s/o Brij Lal Singh Thakur, resident of village Atarra, reached there with lathi, farsa and started abusing Indrapal by saying that he had participation and complicity in the murder of Balbeer Thakur. All these persons started beating Indrapal, then wife of Indrapal and several other persons reached there. They made noise and began to shout, then these people ran away. Indrapal got injury in his head and body, due to which he was not speaking, and he has come to the police station with Indrapal in his bullock-cart. This incident took place at about 9 a.m. on 21.8.1984.

4. The report was scribed and signed by the head constable Naeemullah and on the basis of this report dated 21.8.1984, a chick F.I.R. was lodged at 3:30 p.m., which is Ex. Ka 6 in crime no. 152/84 under Section 308, 323, 504 I.P.C. and a G.D. No. 17 at 3:30 p.m. Ex. Ka 5 was prepared.

5. On 21.8.1984 the injured Indrapal was brought to Attara hospital by a constable Laxmikant, who identified him. Dr. J.P. Sharma Medical Officer in-charge of hospital Attara, District Banda examined him and found following injuries on the body of injured Indrapal:-

1. Incised wound on head of 7cm above to left ear of 5cm x 0.5cm x 1cm (bonny deep) with clear-cut, well defined margins and bluish black colour.

2. Incised wound on head of 9cm above to left ear 4cm x 0.5cm x 0.5cm, clean-cut, well defined margins and advised X-ray of whole head.

3. Incised wound on head of 11.5cm above to left ear of 4cm x 0.5cm x 0.5cm of bluish black colour, clean-cut, well defined margins.

4. Swelling on left hand dorsally of 6cm x 4cm and advised X-ray.

5. Patient is in unconsciousness and referred to District Hospital Banda.

6. Doctor found injuries no.1 to 3 to be caused by sharp edged weapon and rest by blunt and hard object within ¼ to ½ day, and kept under observation. He had proved the injury report Ex. Ka 1. He deposed that these injuries could have been inflicted at 9 a.m. on 21.8.1984. injuries no.1 to 3 could be inflicted by Pharsa blows and other injuries were caused by blunt object like lathi.

7. The investigation of this case was taken by S.O. Shri Banshraj Singh. On 22.8.1984, the investigating officer prepared a site-plan and recorded the statement of Kallu and constable Baratilal and Ramshankar Tiwari and he also inspected the spot on the pointing out of Kallu. On 23rd August 1984 Brijpal handed over a written application to the investigating officer, which is Ex. Ka 2, in which, he named six accused persons to be inv