(PER HON'BLE DR. KAUSHAL JAYENDRA THAKER, J.)

1. These three appeals have arisen out of the common judgement in S.T. No. 405 of 1981. Out of eight accused-appellants, the main assailant appellant-Samaru has passed away. The other assailants namely Hira Lal and Lullur in Criminal Appeal No. 1350 of 1983 and Bodar in Criminal Appeal No. 1353 of 1983 have also passed away and appeals preferred by them have abated vide orders dated 19.10.2012 and 5.5.2017.

2. The prosecution story, as revealed by informant Mahendra Singh in his First Information Report, is deceased Rajendra Singh, brother of informant resident of village Allopur, Police Station-Cholapur, District-Varanasi was going on his tractor bearing No. UT No. 4073 at about 8:00 a.m. from his village to Ram Nagar for bringing Puwal (straw). Two labourers namely Jawahir and Moolchand were also on the tractor alongwith him. While they reached near Lalpur market on Azamgarh-Varanasi road, accused Samaru alogwith his son and other person were standing on road side having few bags kept with them to be taken somewhere. They raised their hands to stop tractor, which was stopped by Rajendra Singh. The accused-appellant Samaru asked him to carry the bags to market on his tractor. On this, Rajendra Singh expressed his inability to lift them as he was in a great hurry. This annoyed Samaru very much and he threatened him saying that the road was the usual road taken by him and it was not in his interest to have refused to carry their goods. Thereupon, deceased Rajendra Singh took the tractor ahead asking them to go away. He also rebuked them by saying that they had no business to see that their goods be laden on the tractor and that in their family, if any one had travelled by tractor, which could not have been used by the person of their status.

3. In the evening, deceased Rajendra Singh was returning back to his village with puwal loaded in trolly, on his way at Pandeypur crossing, Nandlal of his own village and one person of village Imaliya viz. Ram Ugrah Singh also accompanied him on his tractor, at about 6:30 p.m. deceased Rajendra Singh reached at Lalpur Market. He saw accused Samaru sitting on bench with his Thela alongwith 4 to 5 persons, he paid no heed to him, when tractor reached near pumping set of Lalta Singh, the accused Samaru alongwith his son and several other persons stopped the tractor of Rajendra Singh and started beating Rajendra Singh with rod and also dragged him from tractor. Other persons also started beating him with bricks and stone etc. The tractor was in gear and injured Mahendra Singh and others got down by jumping to the other side, the tractor turned turtle on the pit (khadda) on road side. The informant and others raised alarm and on hue and cry persons of his own locality alongwith Gyanshanker and Sitaram resident of village Imaliya reached there. The deceased was severely beaten by all accused persons.

4. In the torch light, and the tractor light and also in the light coming from pumping set of Lalta Singh, faces of assailants Nandu, Khaderu, Mukundi, Lallur, Basant, Hira and Samaru were seen and recognized by informant. Nandlal and Ram Ugrah also received injuries. The deceased thereupon was taken to the Ayurvedic Hospital but he succumbed to his injuries before he could be given any medical aid for his survival.

5. On the basis of Chik FIR and the entries in the G.D. made by Head Moharir, the investigation was put into motion and accused were arrested. The investigation culminated into charge-sheet being filed against accused-appellants in the Court of competent jurisdiction. The charge-sheet mentioned that accused had committed offence under Section 147, 148, 336, 302 and 323 of Indian Penal Code (hereinafter referred to as, 'I.P.C.').

6. The Chief Judicial Magistrate, Varanasi vide committal order dated 24.10.1981 committed accused p