RAM ACHAL Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 16.11.1981 passed by 1st Additional District and Sessions Judge, Faizabad in Sessions Trial No.30 of 1981 convicting appellant No.1 to 7 under Sec. 147 I.P.C. to one year, under Sec. 302 I.P.C. read with Sec. 149 I.P.C. to life imprisonment and under Sec. 324 read with Sec. 149 I.P.C. to two years R.I. and to pay a fine of Rs. 100.00 each in default of payment of fine to six months R.I. and convicted appellant No.8 under Sec. 148 I.P.C. to two years R.I., under Sec. 302 I.P.C. to life imprisonment and under Sec. 324 I.P.C. to two years R.I. and a fine of Rs. 500.00 in default of payment of fine to six months R.I.

(2.) During pendency of this appeal, appellant no. 1 Ram Achal, appellant No.5 Barsati, appellant No.6 Achhe Lal and appellant No.7 Chhotey Lal died, therefore, their appeal stood abated vide order of this Court dated 19.7.2016.

(3.) The prosecution story as has been unfolded by the F.I.R. lodged by the complainant P.W. 1 is that there was a litigation of agricultural land between the complainant and accused persons, in which the complainant had succeeded from Consolidation Court, for the reason thereof, the accused persons bore grudge against the complainant. On 25.6.1980 at about 9.00 a.m. Consolidation Lekhpal Shiv Bahadur Lal and Kanungo had gone to the complainant's village for making measurement of the aforesaid agricultural field. The complainant and his brother Shanker, Lekhpal Shiv Bahadur Lal and Kanungo were sitting at the door of Bans Raj Yadava in the aforesaid village of the complainant. There existed a mango grove near the house of Bans Raj Yadava. The complainant and his brother were keeping watch over the aforesaid mango grove. When the accused persons and others learnt that Lekhpal and Kanungo had come to make measurement of the said field, then the accused persons got greatly angry and accused persons namely Ram Achal, Shri Pad, Budh Ram, Tulsi, Barsati, Chotelal, Achhelal armed with Lathis in their hands and the accused Hari Ram armed with spear turned up and started assaulting the complainant with lathis and brother Shanker Lal with the spear.