Hon’ble Om Prakash-VII, J.—Instant criminal appeal has been preferred by accused appellants Shri Krishna, Ram Kishna, Bharat, Roop Lal, Sukhvasi, Har Dayal @ Har Pal, Ram Autar son of Soney Lal, Ram Asrey, Ram Adhar, Udhan and Ram Autar son of Satti Deen Jatav against judgment and order dated 20/21.5.1983 passed by IIIrd Additional District & Sessions Judge, Farrukhabad in Session Trial No. 413 of 1981 (State of U.P. v. Sri Krishan and others) convicting and sentencing the appellants Shri Krishna, Ram Kishna, Bharat, Roop Lal, Sukhvasi, Har Dayal @ Har Pal, Ram Autar son of Soney Lal, Ram Asrey, Ram Adhar, Udhan and Ram Autar son of Satti Deen Jatav for the offence punishable under Sections 302/149 IPC for imprisonment for life, for the offence under Sections 307/149 IPC to undergo five years rigorous imprisonment and accused appellants Roop Lal, Sukhvasi, Har Dayal @ Harpal, Ram Autar son of Soney Lal, Ram Asrey, Ramadhar, Udhan and Ram Autar son of Satti Deen for the offence under Section 147 IPC to undergo one year rigorous imprisonment and accused appellants Sri Krishan, Ram Krishan and Bharat for the offence under Section 148 IPC to undergo two years rigorous imprisonment and accused appellants Ram Autar son of Sattideen and Sri Krishan for the offence under Sectiion 404 IPC to undergo two and a half years rigorous imprisonment. All the sentences were directed to run concurrently.

2. At the outset, it is relevant to mention here that during pendency of this appeal, appellant Nos. 4, 5 and 11 (Roop Lal, Sukhvasi and Ram Autar son of Satti Deen) have died. Accordingly, vide order dated 19.5.2016 this Court has abated the appeal in respect of appellant Nos. 4, 5 and 11 (Roop Lal, Sukhvasi and Ram Autar son of Satti Deen), respectively.

3. Now, Court is proceeding to consider present appeal in respect of rest of appellants, namely, Shri Krishna, Ram Krishna, Bharat, Hardayal @ Harpal, Ram Autar son of Soney Lal, Ram Ashrey, Ram Adhar and Udhan.

4. Prosecution case, in nutshell, as unfolded by informant Ram Swarup son of Gajraj Singh in First Information Report (in short ‘F.I.R.’), is that on 1.9.1979 at about 8 a.m. his brother Balbir Singh, who was Assistant Teacher in a primary School, was going there on his cycle and when he reached near field of Baladin, accused persons, namely, Sri Krishan and Ram Krishan armed with spears, Bharat with Kanta and others with lathies, appeared there from nearby maize field and started attacking him. On raising alarm by his brother, informant, who was also talking in nearby field, alongwith Onkar Singh, Din Dayal, Rameshwar and Prithvi Singh regarding purchase of a buffalo (bhainsa), rushed there and found his brother being attacked. When informant objected and alarmed, Sri Krishan shouted that he should also be murdered, then accused persons rushed towards informant and started attacking him with lathies and spears. Witnesses could not come near him. When brother of informant escaped in east, accused persons leaving the informant, captured his brother in Urad field of Yadunath Singh and beating him dragged towards tube-well, then Sri Krishan set-fire his chhapper and asked his companions to burn the brother of informant. Meanwhile after hearing noise, women of informant family reached there and fell over informant’s brother. Villagers also gathered there and when they exhorted, accused persons fled away towards east. Ram Autar Jatav took away cycle and wrist watch of his brother and Sri Krishan took money from pocket. When informant and other persons reached on the place of occurrence they saw that his brother was dead. Informant’s brother had enmity with accused persons on account of purchase of plot from Durga Dayal as half field was purchased by deceased and remaining by Sukhvasi, brother of accused Sri Krishna. There was a dispute regarding intervening mend, accused persons used to say that this half portion also belonged to them, that is why they beaten informant and his broth