- (1.) The Three appellants have been convicted under Sections 302/34, IPC by the learned Additional Sessions Judge, Shahjahanpur and sentenced to imprisonment for life. Their sentence and conviction has been upheld in appeal by a Division Bench of Allahabad High Court. The prosecution case in nutshell is that these appellants along with the deceased Chhotey Singh arrived at the scene of occurrence where the prosecution party was going on with the construction of "chhapara" with a labourer, namely, Shri Ram Teli. It was alleged that the said labourer was originally working under the accused persons and accused persons got infuriated when the prosecution party took the assistance of the said labourer. Arriving at the seen of occurrence with rifles, guns and lathis in their hands, the accused persons started indiscriminately firing and assaulting on account of which four persons belonging to the prosecution party died. Accused Chhotey Singh who was also along with the appellants sustained injuries and died. Out of the four persons who died from the prosecution party three died at the spot, but one of them being severely injured rushed to the police station and gave a report who was examined under Section 161, Cr.P.C. and taken to the hospital and thereafter he died the next day in the hospital.
(2.) On the basis of the aforesaid information received from the deceased Jaswant Singh, police registered a case and started investigation and, on completion of the investigation, filed the charge sheet and the accused persons stood their trial. On the basis of medical evidence adduced in this case, the learned Sessions Judges came to the conclusion that the four of the members of the prosecution party died on sustaining ante mortem injuries on their persons which they received from the rifles and guns as well as lathi blows, that the death of these persons is homicidal was not in challenge in any forum as well as before us. Jaswant Singh's statement made to the police was treated as a dying declaration under Section 32 (1) of the Evidence Act. The said statement read with the evidence of the sole eye witnesses - Smt. Krishna (PW 1) has formed the basis of conviction in this case.
(3.) The learned Sessions Judge relying upon the aforesaid two pieces of materials, came to the conclusion that the prosecution case has been proved beyond reasonable doubt and as such convicted the appellants of the charge under Sections 302/34, IPC. On appeal the High Court also reappreciated the evidence and did not find anything in the cross-examination of Smt. Krishna (PW 1) so as to discard her evidence. The High Court utlimately came to the conclusion that the conviction of the appellants is well merited and does not require any interfernece.;