- (1.) Acquittal of the appellant (hereinafter referred to as the 'accused') by the trial Court was reversed by the High Court by the impugned judgment. Three persons, namely, Akshay Kumar, Anil Kumar and Shiv Kumar faced trial for alleged commission of offence punishable under Sections 302 and 302 read with Section 34 of Indian Penal Code, 1860 (in short the 'IPC').
(2.) Accusations which led to the trial of the accused persons are essentially as follows: Goverdhan Lal son of Guljari Lal lodged first information report (hereinafter referred to as FIR) on 27-2-1980 at about 4.45 p.m. with the allegation that about 3.00 p.m. on the same date accused Akshay Kumar, Anil Kumar and Shiv Kumar came towards their house. Accused Shiv Kumar was driving a tractor while Akshay Kumar and Anil Kumar were sitting on the tro-lley of the tractor with double barrel gun in the hands of each of them. They wanted to take the tractor through the land of the complainant. In front of the house and the land of the complainant and his brothers, there is some open land. Gram Pradhan Akshay Kumar wanted to make path (Rasta) over the said land. He filed a case in the Munsif's Court about 21-22 years ago for the said purpose. He won the case. The accused persons bore enmity for that reason. Before three years of the present occurrence accused Anil Kumar and Shiv Kumar went to the plot of the complainant and wanted to assault by fire. The complainant had lodged a report in the police station to this effect. On 27-2-1980 at about 3.00 p.m. Kunji Lal brother of the complainant and Kali Charan, nephew of the complainant (each of them described as 'deceased' by name) were keeping potatoes in bags in the west of their house. They asked the accused persons that since there was no path in front of house of the complainant where they are taking the tractor. They stopped the tractor in front of the house of deceased Kunji Lal. Accused Shiv Kumar exhorted to kill them. On this Akshay Kumar and Anil Kumar got down from the tractor and started to abuse. Accused Anil Kumar fired the gun and the bullet hit Kunji Lal. Akshay Kumar fired the gun and the bullet hit Kali Charan and both of them died on the spot. The accused persons sat on their tractor and went towards their house proclaiming that if anybody tried to raise his head, he shall also be killed. The occurrence was said to have been seen by Kalloo son of Sukha, Ram Beti wife of Gokaran and Rakesh Kumar son of Siya Ram.
(3.) Rakesh Kumar has since died. Govardhan Lal, the complainant was examined as PW-1, Kallo as PW-2 and Ram Beti as PW-3.;