The court held the convictions for murder under Sections 302 and 149 IPC were upheld, asserting that while the prosecution's evidence was lacking in parts, the credible testimony established involvement necessitating life imprisonment instead of capital punishment.

1. Capital Case No. 1358 of 2013 was filed (from jail) on behalf of Jeetan Kurmi and Others, Capital Case No. 1909 of 2013 Jeetan Kurmi and Others Vs. State and Capital Case No. 2003 of 2013 Ashok Patel & Another Vs. State, were filed through counsels. Reference No. 6 of 2013 is for confirmation of Capital punishment in Session Trial No. 217 of 2008.

2. Mr. Daya Shanker Mishra and Mr. Chandrakesh Mishra, learned Advocates appeared on behalf of appellants Jeetan Kurmi, Nand Kishore, Saijnath, Shiv Ji Yadav. Mr. Kameshwar Singh, learned Advocate appeared on behalf of the appellants Ashok Patel, Chitranjan Kurmi and Mr. Satrunjay Singh, learned Advocate appeared on behalf of the appellant Lal Sahab. Learned Government Advocate and Mr. A. N. Mulla, learned AGA appeared on behalf of the State.

3. The appellants were convicted and sentenced vide judgment dated 7.3.2013 passed by Additional Session Judge / X - cadre, Ballia under S.302/149 IPC to Hang Till Death with fine for a sum of Rs. 50,000/- each and in default four years civil imprisonment, under S.148 , two years rigorous imprisonment with fine for a sum of Rs. 5,000/- each and in default three months civil imprisonment. Since capital punishment was awarded, hence, Reference was made for confirmation of the sentence to this Court. Against the impugned judgment of conviction and sentence, abovenoted Criminal Appeals (Capital Cases) were preferred on behalf of the appellants, hence, abovenoted cases were being heard and being decided jointly by a common order.

4. The brief fact of the case is that the FIR was lodged and registered by the informant Laxman Sahni, PW - 1. The report was written by one Arun Prakash on 4.7.2007. According to F.I.R., police personnel of different police stations came in the village for search of accused appellants Sailesh Kurmi and with the help of PW - 7 Shanker Mallah s/o Vishun Mallah, the police party went for search of him and raided at the houses of different persons. With regard to date of raid, there is overwriting but according to statement, police party came for search of Sailesh Kurmi on 1.7.2007. When Sailesh Kurmi came to know then just to take revenge along with his companion, Sailesh Kurmi, Jeetan Kurmi, Chitranjan, Ashok Patel, Nand Kishore, Saijnath all r/o Khadipur Mallahichak, P.S. Bansdih Ballia, Hridayanand r/o Khiruchhapra present r/o Kharauni P.S. Bansdih came stating that people belonging to 'Mallah'caste were taking steps with assistance of the police to kill the person of their caste. They reached at the place towards the west of the village where deceased Radhakishun was present in his corn field. They caughthold of him, took him at some distance and shot fire at him. Thereafter they proceeded towards north where deceased Swaminath was present at his tube - well and also shot fire at him. Thereafter, they proceeded towards Laxman Patel, injured PW 2 and shot fire at him. From there they went towards Diyara. The incident was witnessed by Vishram Patel PW 6, Sushil (not examined), Shanker Mallah PW 7, Shringar (not examined), Subhash and other people of the village in the moon light and torch light. The injured were taken by jeep to Ballia for medical aid. By the time, they reached Radhakishun and Swaminath expired. Injured Laxman Patel whose condition was serious, was