JUDGMENT :

1. This appeal has been preferred against the judgment and order dated 14.03.1986 passed by the Special Sessions Judge, Jaunpur in Sessions Trial No. 29 of 1982, convicting the appellants Ram Autar, Ram Pal, Panna Lal and Ram Chandra alias Bishun Chand under Sections 302/34 and 323/34 I.P.C. and sentencing them to imprisonment for life under Section 302/34 I.P.C. and one year rigorous imprisonment under Section 323/34 I.P.C. It be noted that the appeal of appellant no.2 (Ram Pal), consequent to his death, was abated vide order dated 30.09.2019.

INTRODUCTORY FACTS

2. The prosecution case in brief, as per the allegations in the written report (FIR) (Ex. Ka-1), lodged by the Babu Nandan (PW-1), brother of the deceased Ram Harakh, is that the accused Ram Autar alias Bishun Dayal, Ram Pal, Panna Lal and Ram Chandra, who are residents of informant’s village, are in litigation with the informant and, therefore, inimically disposed. On account of this enmity, two days prior to the incident i.e. 03.01.1980 informant’s brother Ram Harakh (the deceased) was assaulted with a Gandasi resulting in an injury on his left arm which had to be stitched and of which a case was registered at Ja