(1.) This is an appeal against a judgment and order date 10/12/1977 passed by Sri S.N. Lal, the then II ddl. Sessions Judge, Azamgarh by Which he has convicted Ram Samujh And Rama appellants under Sections 302/34 of the Indian Penal Code, and has sentenced each of them to undergo imprisonment for life and has further convicted Ram Samujh, Rama and Samharu appellants, under Sections 323/34 of the Indian Penal Code, and has sentenced each of them to undergo rigorous imprisonment for six months.
(2.) The parties are residents of village Parasurampur, P.S. Gambhirpur, District Azam-garh. In village Parasurampur there is a Pokhra i.e. pond. Towards east and west of the said pond there is a filed of Ambika informant. In the said field of the informant wheat crop was growing at the time of the incident. Towards west of the said field, there was a field belonging to Samharu accused etc. Ram Samujh accused was son of Samharu appellant. In the said field of Samharu Latari crop, a kind of pulse was growing.
(3.) According to the case of the prosecution on 9/12/1976, in order to irrigate the aforesaid wheat field, belonging to Ambika informant water was being brought from tube well belonging to one karimullah situate in the north through a water channel. The said water channel was being made by P.W.1 Ambika informant and his brother P.W.3 Puranmasi injured. The ladies of the family, i.e. Smt. Ram Pyari deceased, Smt. Ramratti, Smt. Kailashpatti and Smt. Sripatti, were keeping a watch on the said water channel with a view to repair it in case the same was breached. As per version given in the First Information Report at about 4.30 p.m. on that day the said water channel got breached with the result that the water of the same started flowing in the aforesaid field of Samharu accused. In order to repair the said water cannel informant Ambika and others entered in field of Samharu accused. At that time Ram Samharu and Samharu, armed with this lathis came there and started abusing the prosecution side and inquired from them as to why they were causing loss to their field on which they were told that the water channel had got breached accidently. It was further the case of the prosecution that Samharu and Ram Samharu started beating prosecution side with Lathis. At that time Ambika informant was carrying Hattha and in order to save himself he had plied the sameresulting in injuries to Samharu accused. On hearing noise Rama, Naharu, Dayaram, Sita Ram, Chhabiraj and Ram Karan, carrying Lathis, reached the place of occurrence and they also I started beating Ambika informant, P.W.3 Puranrnashi and the aforesaid four ladies. Theprosecution side started to run away but they were chased In the wheat field of Ambika informant. Ram Samujh assailant gave a lathi blow Smt. Ram Pyari and she fell down whereafter Rama also gave her a Lathi blow. Smt. Ram Pyari was brought to her residence, where she expired.