Servesh Kumar Gupta, J. -
(1.) BOTH the above -captioned appeals, having been preferred against the same judgment, are thus, being adjudicated together. Criminal Appeal No. 42 of 2011 has been preferred by the appellants Vipin & Pankaj challenging the judgment and order dated 21.02.2011 passed by the Sixth Additional Sessions Judge, Haridwar, finding them guilty for the offence under section 302/34 IPC and under section 25 of the Arms Act, wherefore they have appropriately been sentenced.
(2.) CRIMINAL Appeal No. 33 of 2011 has been filed by the appellant Babu Ram, assailing the selfsame judgment, as he was held guilty for the offence u/s. 302/34 IPC. He, too, has appropriately been sentenced by the court for the said offence. By an order dated 7.5.2007, the court below consolidated the S.T. No. 91 of 2004 (crime No. 73/2003 u/s. 302/34 IPC), S.T. No. 92 of 2004 (crime No. 84/2003 u/s. 25 Arms Act) and S.T. No. 93 of 2004 (crime No. 83/2003 u/s. 25 Arms Act), as they all related to the same incident and were, accordingly, tried together.
(3.) AS per the averments made in the body of the first information report (Ex. Ka -1), the incident, in question, relates back to the morning hours of 30th March, 2003, in between 5:15 to 5:30 A.M., when the victim Gopal, in his bullock -cart, was carrying the heap of sugarcane to be sold in a Mill. Complainant Shiv Kumar was also proceeding on foot behind the said cart. No sooner did the cart reached near the agricultural field of one Jaineshwar, appellants/accused, namely, Babu Ram, and his two sons, Vipin and Pankaj, appeared therefrom. Appellant Babu Ram then caught hold of Gopal and, at the same time, exhorted his sons to shoot him. In compliance of said directions, appellant Vipin, who was armed with a pistol, opened the fire which hit the victim on his buttock, as a result, he fell down in the adjacent wheat field. At that moment, appellant Pankaj, who too was having a pistol, opened fire upon the face of victim Gopal. Informant Shiv Kumar, who saw the entire occurrence, could save himself by hiding behind the said cart, and after that, he escaped from the spot. Another villager Salim, who was watering his field, also witnessed the occurrence and identified all the three culprits. Subsequent thereto, all the three assailants went towards the forest. The reporter further states that there was a criminal litigation ongoing between the parties wherein efforts were made for compromise, but in order to make those endeavours ineffective, Gopal was killed by the appellants on account of the animosity nurtured by them. With the above -averments, the report was lodged on the same day at 7:10 A.M. i.e. within two hours of occurrence at Police Station Laksar, District Haridwar. Chick report thereof is Ex. Ka -9.;