DINESH KUMAR SINGH, J.

1. Heard Sri G.S. Hajela, learned counsel for the appellants and Ms. Archana Singh, learned A.G.A. for the State and perused the record.

2. This criminal appeal has been preferred by the appellants Sri Ram, Ram Autar, Prakash and Dhanpal against the judgment and order dated 19.12.1986 passed by 4th Additional Sessions Judge, Shahjahanpur in S.T. No. 164 of 1986 (State vs. Sri Ram and others), whereby all the accused-appellants have been convicted under Section 302/34 IPC and have been sentenced with life imprisonment; have been convicted under Section 323/34 IPC and sentenced with three months rigorous imprisonment and have been convicted under Section 201 IPC and sentenced with four years rigorous imprisonment and it has further been directed that all the sentences shall run concurrently.

3. During the pendency of this appeal, accused appellant Sri Ram S/o Hori, has died and his appeal has been directed to be abated vide court's order dated 8.8.2018, therefore, appeal preferred by accused-appellants Ram Autar, Prakash and Dhanpal only survives before us.

4. The prosecution case as disclosed from the F.I.R. is that the informant Chet Ram S/o Lochan of Kachhi caste gave a written report at P.S. Kant, District Shahjahanpur on 5.4.1986 at about 9:20 a.m. stating therein that his father Lochan Kachhi had three brothers including him out of whom, Lochan and Hori had sons and Jodhan had daughters, thus he and Sri Ram (A-1) were cousin brothers. The partition had taken place between him and Sri Ram (A-1). The land of Jodhan had also been partitioned between them half each. The 'Bakhri' (Chhappar) of Jodhan was in possession of Sri Ram (A-1) and he did not want to give share in it to the informant. The informant's son Raghunandan had taken possession of his share after breaking its wall about three years ago because of this Sri Ram and his sons were extremely annoyed and right from that time onwards had started having enmity towards informant and his family members. Yesterday on Friday i.e. on 4.4.1986, informant's son Bramha dug the foundation from morning till the evening to raise the wall, then at about 9:00 pm, when Sri Ram (A-1), his sons Ram Autar (A-2), Prakash (A-3) and Dhanpal (A-3) returned from their fields and saw the foundation having been dug, started abusing informant family members and started filling up the said foundation, at which informant's son Raghunandan and Bramha restrained them from filling the foundation and told that they had dug the foundation on the portion which belonged to them, thereafter, above accused Sri Ram armed with Lathi, Ram Autar armed with Kanta, Prakash armed with Kanta and Dhanpal armed with Lathi came from their respective houses and started beating informant's son. When the sons of the informant raised alarm, all of them closed the doors of their houses and informant and wife of Raghunandan namely Somwati, daughter of Raghunandan namely Guddi came on the spot, who all wanted to rescue the sons of informant, then the accused had beaten them also and the accused continued making blows by 'Kantas' by which informant's son Bramha getting hit by 'Kanta' and 'Lathi' fell down and taking him to be dead the accused fled towards east. The condition of the informant's son was extremely critical, who was brough home and soon thereafter he succumbed to his injuries. It was dark night and due to heavy rains in the night, he could not come to lodge report and, therefore, he prayed that his report may be lodged and action be taken against the guilty. His other son Raghunandan (deceased) had gone missing in the night and his whereabouts could not be known, this report was dictated to one Dhrigpal Singh R/o village Amora, District Sahjahanpur by the informant Chet Ram and, thereafter, the same was given at the P.S.

5. Pw-2, H.C. 52 Makhan Lal who was posted on 5.4.1986 at P.S. Kant had prepared Chik F.I.R. (Ext. Ka-2) of this case at 9:20 a.m. and made its entry in G.D. at repo