The court upheld the convictions under IPC sections for unlawful assembly and murder, emphasizing the reliability of eyewitness testimonies and corroborating medical evidence despite previous enmity.

1. This appeal has been nominated by the order of Hon'ble the Chief Justice dated 29-3-2004 to this Bench under S.392 , Cr.P.C. for opinion, as there was difference of opinion between the Hon'ble Judge (Hon'ble S. K. Agarwal, J. and Hon'ble K.K. Misra, J.) of the Bench which heard and decided it.

2. The appeal was directed against the judgment and order dated 16-6-1980 passed by the Sessions Judge, Ballia in Sessions Trial No. 50 of 1980 convicting the appellants Radha Mohan, Devendra Singh alias Mutuk Singh, Kaushal Kishore, Tej Bahadur Singh and Kapil Deo Singh under S.302 read with 149, IPC and sentencing each of them to imprisonment for life, further convicting appellants Tej Bahadur Singh and Kapil Deo Singh under S.147, IPC and sentencing each of them to undergo R.I. for a period of one year, further, convicting Radha Mohan, Devendara Singh and Kaushal Kishore under S.148, IPC and sentencing each of them to undergo R.I. for a period of two years. Appellant Kaushal Kishore was further convicted under S.324, IPC and Kapil Deo Singh and Tej Bahadur Singh under S.323, IPC and remaining appellants were convicted under S.324 read with 149 IPC and 323 read with 149, IPC, but no separate sentence was awarded under these sections.

3. The prosecution story, briefly stated, was as under :
All the appellants as well as Hira Singh, deceased and his brother Ganesh Singh (PW 1) were residents of village Shivpur Diyar, P.S. Kotwali, district Ballia. About 5 days before the occurrence of this case, appellants Radha Mohan Singh and Kaushal Kishore and others had assaulted one Udai Narain and a case was registered in this regard . Ganesh Singh (PW 1) was witness of prosecution in the said case. Radha Mohan Singh and others were pressurizing Ganesh Singh (PW 1) not to give evidence against them in said case , but he was not agreeable to it.

4. Hira Singh deceased, elder brother of Ganesh Singh (PW 1) was residing at Calcutta in connection with his business. Two days before the occurrence of this case, Hira Singh had come to his native village. On 14-3-1979 it was a day of Holi festival. People of the village of the parties were busy in singing Holi songs and meeting with each other. In the evening. Hira Singh deceased had gone to meet Udai Narain. While he was returning from the house of Udai Narain, appellants Radha Mohan Singh and Kaushal Kishore met him in the way and asked him to ask his brother (Ganesh Singh) not to give evidence against them. Hira Singh told that his brother had seen the occurrence and he would give evidence. The above appellants then threatened him that they would teach him a lesson. Ganesh Singh (PW 1) had also gone in the village to meet some people and when he returned to his house, Hira Singh told about the threat given by the appellants Radha Mohan Singh and Kaushal Kishore. Thereafter, Hira Singh deceased and Ganesh Singh (PW 1) went to the house of Nand Kishore (PW 5). Mohan (PW 3) and Ram Pyari (PW 6) were also present there. All the four persons then proceeded towards north. After meeting people they were returning to their house. At about sun set when they reached near the house of Nand Kishore (PW 5), the appellants Radha Mohan Singh armed with spear (Bhala), Devendara Singh armed with Lathi and Kaushal Kishore armed