Conviction requires overt acts attributed to accused; acquittals followed evidentiary insufficiencies while some convictions were altered from section 149 to 34 due to lack of proof of unlawful assembly.

1. Through these appeals, the appellants challenge the judgment and order dated 18-4-1980 passed by the VIth Additional Sessions Judge, Hardoi in Sessions Trial No. A279 of 1979, whereby they have been convicted and sentenced in the manner stated hereinafter: -
(a) Bodil, Jagdish and Rameshwar : Under S. 148 IPC, 324/149 IPC and 302/149 IPC; to 18 months' R.I. under the first and second counts, and to imprisonment for life under the third count.
(b) Gajraj, Basant, Sobran and Lakshmi Narain : under S. 148 IPC, 324 IPC and 302/149 IPC to 18 months R. I. under the first and second counts, and to imprisonment for life under the third count.
(c) Kunjan : under S. 147 IPC, 324/149 IPC and 302/149 IPC; to one year R. I. under the first count, to 18 months R.I. under the second count, and to imprisonment for life under the third count.
The substantive sentences of the appellants were ordered to run concurrently.

2. Feeling aggrieved by their aforesaid convictions and sentences in this Court : - Rameshwar, Kunjan, Lakshmi Narain and Jagdish preferred Criminal Appeal No. 237 of 1980; Sobaran Criminal Appeal No. 295 of 1980; and Bodil, Basant, and Gajraj Criminal Appeal No. 352 of 1980. Criminal Appeals No. 568 of 1980 and 794 of 1980 have been preferred from jail; the former by Basant and the latter by Gajraj.

3. Since all these five connected criminal appeals arise out of a common factual matrix and impugned judgment, we are disposing them off by one judgment.

4. The prosecution case, in short, runs as under : -
The informant Ram Chander (PW 1) is the elder brother of Shiv Karan (the deceased). At the time of the incident he, Shiv Karan, eye - witnesses Putti Lal (PW 2) and Sri Ram (PW 4), and the eight appellants were residing in village Patti, hamlet of Tejipur, within the limits of Police Station Mallawan, District Hardoi. There was enmity between the deceased and the informant on one side and the appellants on the other. The details of it are furnished in the evidence of the informant Ram Chander and are as under : -
(a) Gaya Prasad (the maternal uncle of the informant and the deceased Shiv Karan) had filed a case in respect of some land against appellant Bodil and his brothers in which from his side Shiv Karan was doing pairvi. During the pendency of the case, Gaya Prasad died and in his place informant's mother Smt. Maharaj was arrayed as a party. From the court of Munsif Smt. Maharaj succeeded. An appeal was filed on the insistence of Shiv Karan and he was doing pairvi in it. The said appeal was pending in the High court at the time of the incident.
(b) At the time of the incident, proceedings under S. 107 CrPC were going on between the informant and others on one side and the appellants on the other.
(c) In 1978 truck of the informant's brother Chhami Lal had been looted and a case under S. 394 IPC had been registered against appellant Bodil and some others. That case was also pending at the time of the incident.
(d) Seven to eight years prior to the incident appellant Bodil's brother Jawahar had been murdered, and for the same informant's brother Chhami Lal and some others were prosecuted and acquitted.
A. On the date of the incident, i.e. on 17-1-1979, at about 7.00 P.M., informant Ram Chander and the deceased Shiv Karan went to get four khurpas sharpened at the place of Putti Lal (PW 2), which was situated