(1.) This is a criminal appeal against the judgment and order dated 4-10-1979 passed by Sri S.D.N.Singh, the then Sessions Judge, Mirzapur in Sessions Trial No. 32 of 1976, whereby he convicted Ramdhani accused-appellant for committing the murder of Shivanand deceased under S.302, I.P.C.and for inflicting injuries on the body of Jwala injured under S.307, I.P.C.and sentenced him to undergo imprisonment for life and three years R.I.for the same respectively and further convicted him for the offence under S.148, I.P.C.and sentenced him for the same to one year's R.I., convicted Chhangur accused-appellant for committing the murder of Sarju deceased under S.302, I.P.C.and sentenced him for the same to imprisonment for life and further convicted him under S.148, I.P.C.and sentenced him for the same to one year's R.I., convicted Satya Narain accused-appellant for intflicting injuries on the body of Moti Lal injured under S.307, I.P.C.and sentenced him for the same to five years' R.I.and further convicted him for the offence under S.148, I.P.C.and sentenced him for the same to one year's R.I., convicted Ram Samujh and Gobardhan accused-appellants each for the offence under S.147, I.P.C.and sentenced each of them to nine months' R.I.and convicted Daya, Bhola, Ram Naresh, Vishwanath, Rambrichha, Lachhmi Narain and Ram Murti accused appellants each for the offence under S.148, I.P.C.and sentenced each of them to one year's R.I.All the sentences were directed to run concurrently.
(2.) Ramdhani, Bhola and Chhangur accused appellants were sons of Ram Khilawan, residents of village Silauri. Bimla Singh informant (PW 1) and Sarjoo deceased were real brothers being the sons of Ram Lochan. Satya Narain and Daya accused-appellants were sons of Ramdhani accused-appellant. Sidh Nath and Vishwanath accused-appellants were two brothers inter se. Ram Naresh and Ram Samujh accused-appellants were sons of Sidh Nath. They also were residents of village Silauri. Lachhmi Narain, Ram Brichha accused-appellants were real brothers inter se. They belonged to another village Dariyapur. Goverdhan accused-appellant also lived in village Dariyapur. Ram Murat Singh accused-appellant was resident in village Rahiya. Villages Silauri, Dariyapur and Rahiya were situated close to each other.
(3.) Ramdhani accused-appellant has died during the pendency of this appeal. Hence, the appeal abated to his extent.