Hon’ble Mrs. Vijay Lakshmi, J.—This appeal is directed against the judgment and order dated 12.12.1996 passed by the Sessions Judge, Mirzapur, in S.T. No. 100 of 1992 arising out of Case Crime No. 116 of 1991, under Section 147, 148, 149, 307, 302 I.P.C. Police Station Cheelh, District Mirzapur, whereby all the appellants have been convicted under Sections 302 and 307 read with Section 149 I.P.C. and have been sentenced with life imprisonment and with rigorous imprisonment for five years, respectively. In addition to it, the appellants Paras Singh, Ghanghare Singh, Ashok Singh, Kinkar Singh and Sanjay Singh have also been convicted and sentenced with two years rigorous imprisonment under Section 148 I.P.C. and appellant Kalloo Singh has been convicted and sentenced to one year rigorous imprisonment for his conviction under Section 147 I.P.C. All the sentences are directed to run concurrently.

2. The factual matrix of the case as per written report and the evidence available on the record may be narrated as follows.

3. On 14.8.1991 it was the festival of ‘Nagpanchami’. The complainant Ram Pyare Singh was sitting in front of his door alongwith his family members including his uncle and cousin brothers namely Ram Sewak Singh, Shiv Sewak Singh, Ram Lakshan Singh, Hanuman Singh and Rajesh Singh. At about 1-1.30 p.m. accused-appellants Paras Singh, Ghanghare Singh, Kinkar Singh and Ashok Singh armed with ‘Barchhas’ (spears), Sanjay Singh armed with ‘Gandasa’ and Kallu Singh armed with ‘danda’ reached there. Accused Kallu Singh exhorted with the words ^^vkt ekSdk vPNk gS lkyksa dks tku ls ekj Mkykss^^ . Thereafter all the six accused persons attacked on complainant party by ‘Barchha’ (spear), ‘Gandasa’ and ‘lathi’. Ram Sewak Singh and Shiv Sewak Singh requested the accused persons with folded hands that they should not quarrel on such an auspicious day but the accused did not listen to them. Ganghare Singh and Kinkar Singh gave spear blows to Ram Sewak Singh, who fell down on the floor after sustaining the injuries and died instantaneously. The remaining accused caused injuries to Shiv Sewak Singh, Hanuman Singh, Rajesh Singh and Ram Lakshan Singh. Hearing the hue and cry the witnesses Mangla Singh and Munna Singh reached at the spot and witnessed the whole occurrence. The condition of injured persons being critical, the complainant rushed to District Hospital, Mirzapur, with them and after getting them admitted in the Hospital went to Police Station Cheelh, district Mirzapur, to lodge the report. In the First Information Report it was also mentioned that the accused being mafias, gundas and bully type persons (“Sarhang and Dabang”) no one is ready to give evidence against them.

4. On the basis of the written report, which was lodged by Ram Pyare on the same day at 4.20 p.m., a criminal case was registered at Crime No. 116 of 1991 against all the six accused persons and the matter was investigated. The Investigating Officer interrogated the witnesses under Section 161 Cr.P.C., prepared the site plan, inquest report, sent the dead body of Ram Sewak Singh for post-mortem, collected blood stained and plain soil from the spot and prepared its memo. The injured Hanuman Singh and Shiv Sewak Singh were medically examined on 14.8.1991 between 3.10 p.m. to 3.45 p.m. and their injury reports were prepared.

5. After conclusion of the investigation charge-sheet was submitted against all the accused persons.

6. The case being exclusively triable by the Court of Sessions, it was committed to the Sessions Court where charges under Section 148, 302/149 and 307/149 I.P.C. were framed against all the accused-appellants namely Paras Singh, Ghanghare Singh, Kinkar Singh, Ashok Singh, Sanjay Singh and Kallu Singh @ Mata Prasad. In addition to it and charge under Section 147 I.P.C. was also framed against accused Kallu Singh @ Mata Prasad. All the accused denied from the charges and claimed to be tried.

7. The prosecution in order to prove its ca