Point of Law:
Exception 4 to Section 300 of the IPC applies in the absence of any premeditate.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard Shri Dileep Kumar, learned Senior Advocate for the accused-appellant, Sri Ajit Ray, learned AGA for the State and Shri G.S. Chauhan, learned counsel for the complainant.

2. These two criminal appeals have been filed by the appellants namely Ram Charan, Ram Singh, Amar Singh, Siyaram, Achchhey Lal and Mahendra against the impugned judgment and order dated 17.5.2000 passed by Sessions Judge, Jhansi in Sessions Trial No.287 of 1996, under Sections 147, 148, 149, 302, 323, 504 IPC, Police Station Todi Fatehpur, District Jhansi, by which the accused appellants have been convicted and sentenced for life imprisonment for the offence under Section 302/149 IPC, for two years RI for the offence under Section 148 IPC to accused-appellants namely Ram Charan, Achchhey Lal, Mahendra and Siyaram, for one year imprisonment to accused-appellants namely Ram Singh and Amar Singh for the offence under Section 147 IPC and six months RI under Section 323/149 IPC to all the accused-appellants. The learned trial court has directed that all the sentences shall run concurrently.

3. Brief facts of this case is that on 31.3.1996, at about 11:00 AM, a criminal incident took place in village Semri, Police Station Todi Fatehpur about which the first information report was lodged on same day at 13:05 PM by Vijay Singh by giving written report to the police. Accordingly, at the time of incident, the informant Vijay Singh, his father Bhairav Yadav, his wife Smt. Sudama Devi, his brother Sripat Smt. Sumitra (wife of Sripat) and Badam Singh of the village had gone to load the log of wheat on their field. His mother was grazing the buffaloes on the mend (divider) of wheat field of the informant. On the adjoining field of accused Achhey Lal of his village, accused Achchhey Lal, Ram Charan, Ram Singh, Amar Singh, Siyaram, Sahab Singh and accused Mahendra Singh were cutting crops. Seeing the mother of the informant grazing the buffaloes, the accused persons with lathi (bamboo stick), farsa (spade) and axe in their hands came together on the mend of the field and started abusing saying that how dare she had left the animals to graze in their field, whereupon the parents of the informant said that half of the mend belonged to them and, therefore, their buffaloes would continue grazing. Because of this, all the accused cried out to kill them and not to let them alive and thereupon accused Achchhey Lal hit his father by his axe on his head who cried and fell down. The brother of the informant namely Sripat reached near the mend and he tried to stop them, whereupon accused Ramcharan and Mahendra Singh hit him by their farsa on his head and he also fell down and died. The accused Sahab Singh assaulted his wife by lathi and she sustained injuries on her back. The complainant side challenged them and persons present in adjoining filed including Bhagwan Das, who was also grazing his animals, came and saw the incident. The father of the informant was seriously injured and when he was being taken to police station on a bullock cart, on the bank of Patrai river, he also died. The bullock cart and dead body of the father was left there with Badam Singh. The dead body of his brother was lying in the field. On this written report the offence was registered against the accused persons under Sections 147, 148, 149, 302, 323, 504 IPC and chik FIR was prepared.

4. The incident was seen by the witnesses Badam Singh and Bhagwan Das. Injured Smt. Sudama Devi was sent for medical examination. The case was investigated by police, statements of the witnesses were recorded, inquest report of both the dead bodies was prepared and, along with relevant papers, the dead body was sent for postmortem. From the place of occurrence, blood stained earth and plain earth was picked up and memo was prepared from the place where deceased Bhairo was assaulted and also from the place where deceased Sripat was assaulted. A search was conducted of the house of the