Brief facts necessary for the disposal of this appeal are as follows Rani Bitti, PW 1 along with her son Satti was residing in village Sahanipur within the jurisdiction of Police Station Hussainganj.
The incident in question was reported to Hussainganj Police Station at about 10 a.m. by PW 1 and after investigation a chargesheet was filed against the appellant and 5 others before the 2nd Additional Sessions Judge, Fatehpur for offences punishable under sections 147, 148, 302 read with 149 IPC.
The Sessions Court after trial came to the companyclusion that the prosecution has established its case against A 2 the appellant herein for offence punishable under section 148 IPC hence awarded a sentence of 2 years RI for the said offence.
They were also held guilty for offence under section 324 IPC and for the said offence also the punishment already undergone by them was held sufficient with a fine of Rs.1,000/ .
Prosecution further alleges on 21.7.1978 at about 8.30 a.m. PW 1 and Satti went to the house of A 1 and demanded the money which led to a verbal altercation.
PW 1 and her son Satti suspected this desertion by Sattis wife was at the instance of Ram Piare A 1 hence entertained some grudge against him.
In an appeal filed against the said judgment and companyviction as stated above, the High Court of Judicature at Allahabad came to the companyclusion that the prosecution has established its case against 5 other accused who are number appellants before us only for an offence punishable under section 147 IPC for which the said accused persons were punished with the period already undergone and with a fine of Rs.500.
It is further stated that about 1 month prior to 21.7.1978 said PW 1 had sold some sugarcane leaves worth about Rs.50 on credit which amount A 1 had number paid to her.
All the sentences were directed to run companycurrently.
It is alleged that said Satti was married about 6 years ago but his wife stayed with him only for a short time and thereafter deserted him.
In the said attack PW 1 suffered a lathi blows on her thigh and finger while deceased Sati suffered lathi blows and one incised wound on the abdomen allegedly dealt by the appellant herein with a bhala and died.
Noticing this PW 1 and Satti started fleeing from the house of A 1 when both A 1 and the appellant started chasing them.
On the way the prosecution alleges 4 other accused persons also joined A 1 in the chase and when they reached the house of Jagdei PW 6 and started further quarrel there, said PW 6 asked them number to quarrel in front of her house hence PW 1 and Satti ran away from the said place but they were again chased by the accused persons in front of the house of Ram Adhar PW 4 and were attacked by the accused persons.
It further companyvicted the appellant for an offence punishable under section 302 read with 149 IPC and sentenced him to imprisonment for life while other accused persons were held guilty for an offence punishable under section 147 and sentenced to one year RI each.
While the appellant herein was acquitted of the charge under section 302 read with section 149 IPC but was found guilty of an offence punishable under section 304 IPC for which offence he was awarded a sentence of 7 years RI.
At that point of time appellant A 2 came to the house of PW 1 armed with a bhala.
J U D G M E N T SANTOSH HEGDE,J. The appellant has preferred this appeal against the judgment of the High Court of Allahabad in Criminal Appeal No.678 of 1980 wherein the High Court while partly allowing the appeal of 5 other appellants by altering their companyviction from section 302 read with section 149 to one under section 324 IPC companyfirmed the companyviction and sentence imposed on this appellant for an offence punishable under section 302 read with section 149 as also for offences punishable under sections 148 and 147 IPC.
