JUDGMENT :

(Shiv Shanker Prasad, J.)

1. These two criminal appeals have been preferred by the accused-appellants-Raghnath, Satendra, Pappan, Narendra and Pappi challenging the judgment and order dated 25th September, 2007 passed by the Special Judge (E.C. Act), Meerut in Sessions Trial No. 862 of 2002 (State Vs. Narendra & Others), arising out of Case Crime No. 135 of 2002, under Sections 147, 148, 307, 302 and 506 I.P.C., Police Station-Jani, District-Meerut, whereby the accused-appellants, namely, Narendra and Pappi have been convicted under Sections 302, 147, 148 and 149 I.P.C., whereas accused-appellants, namely, Raghunath, Satendra and Pappan have been convicted under Sections 307, 147, 148, 149 I.P.C. and sentenced (i) the accused-appellants, namely, Narendra and Pappi to undergo life imprisonment under Section 302 read with Section 149 I.P.C. with fine of Rs. 10,000/ and further to undergo one year rigorous imprisonment under Sections 147 and 148 I.P.C.; (ii) accused-appellants namely, Raghunath, Satendra and Pappan to undergo seven years rigorous imprisonment under Sections 307 read with Section 149 I.P.C. with fine of Rs.5,000/-and further to undergo one year rigorous imprisonment under Sections 147 and 148 I.P.C. with an observations that all sentences were to run concurrently and in default of payment of fine, all the accused-appellants are to further undergo one months additional imprisonment.

2. We have heard Mr. Noor Mohammad and Mr. Irshad Mohammad, learned counsel for the accused-appellants and Mr. N.K. Srivastava, learned A.G.A. for the State as also perused the material available on record.

3. Since the basic facts and legal question of issues are same in both these appeals, they have been clubbed and heard together and are being decided by means of this common judgment treating the Criminal Appeal No. 6870 of 2007 (Narendra & Another VS. State of U.P.) to be the leading case.

4. Records of the present criminal appeals reveal that on the written report (Exhibit-ka/4) dated 18th May, 2002 of the informant-P.W.-4, namely, Krishna Pal Singh, a first information report ( Exhibit-ka/9) was registered as Case Crime No. 135 of 2002 under Sections 147, 148, 307, 302 and 506 I.P.C. on 18th May, 2002 at 12:30 p.m. against five accused persons, namely, Narendra @ Kallan, Satendra @ Billu, Pappi, Raghunath and Pappan alleging therein that his brothers Ravindra Kumar and Vinod went to their field on tractor at about 6:00 am. in the morning as it was their turn for irrigation. However, when they arrived at their field, they saw that Narendra @ Kallan, Satendra @ Billu, Pappi, Raghunath and Pappan resident of village Bafar, P.S.Jani, District Meerut, were already watering their field. Ravindra asked the accused-appellants to give water because it was his turn on which all accused persons got annoyed and exhorted to finish him as he often disputed for water for the purpose of irrigating his field. The accused-appellants Narendra @ Kallan and Pappi hit the neck of Ravindra Kumar with spades resulting into his instant death. The accused-appellants Raghunath and Satendra caught hold of another brother of the informant, namely, Vinod and the accused-appellant Pappan inflicted one spade injury on the neck of Vinod. This incident was seen by Sheeshpal and Brijpal, who were working on their fields along with other people, who were coming and going from there. This incident took place on 18/5/2002 at about 11:30 a.m.. The dead body of brother of the informant, namely, Ravindra was lying on the spot.

5. After lodging of the said first information report, the inquest (panchayatnama) (Exhibit-Ka/2) of the deceased Ravindra was conducted by P.W.-5 Sub-Inspector Sanjeev Singh Rathaur. In the opinion of the Panch (Inquest) witnesses, the death of the deceased was on account of injuries caused to the deceased on his body. Thereafter the dead body of the deceased was sealed and sent to Mortuary for post-mortem.

6. Dr. Ashok Kumar Dua (P.W.-