S.K.AGARWAL, J. - (1.) THIS appeal was preferred by eight appellants, viz. Natthu Singh, Sobran son of Subedar, Sobran son of Jhabbu, Lekhraj, Sadhu, Abhilakh, Bahadur and Phulwari, against their conviction under S.302/149, I.P.C. and consequent sentence to life imprisonment to each one of them. All the appellants, named above, were further sentenced to one year's R.I. under S. 148, I.P.C. However, the sentences were directed to run concurrently.
(2.) THE facts of the case, as disclosed from the F.I.R., are that on 24-10-1979 Bajra crop was harvested by the complainant and his family. His brother Kaptan Singh in the evening at about 4.30 on 25-10-1979, was returning with the fodder to his house on a bullock - cart. He was accompanied by his daughter Km. Kamla, aged about 9 years, who was sitting over the fodder, and another brother of the informant, viz. Lalaram, was walking. About 100 yards behind the bullock - cart, the informant, Gaya Din along with Kathori, Mahendra, Collector, and Sri Kishan was also following the bullock - cart. When the bullock - cart was about a furlong and a half from the village outskirts, the appellants were said to have emerged from the bushes. Out of the abovesaid appellants, Sita Ram was holding a double - barrel gun, Phulwari was having a country made pistol, and rest of the appellants had single - barrel guns. Sita Ram is said to have opened fire upon Lalaram, Kaptan and Kamla daughter of Kaptan. In all 20-22 fires were discharged by the appellants upon these three victims. The informant and the witnesses concealed themselves behind the bushes and had seen the incident from there. It is further alleged, by way of motive in the F.I.R., that appellants - Natthu and Abhilakh who were got apprehended by providing information to the police for forming an unlawful gang. The appellants have learnt about complicity of Kaptan in their arrest. They were nursing a grudge against deceased - Kaptan and to satiate the same they had killed the two brothers and the niece of the informant on the fateful day. It is asserted further in the F.I.R. that the appellants tried to drag away the dead bodies of the deceased persons, but the shouts raised by the witnesses including the informant prevented them from doing so. Meanwhile, people from the village including Bhumiraj Singh, Dori Lal and Ram Singh of village Mallarpur also arrived at the spot of occurrence. Seeing the villagers rushing to the spot, the accused persons fled. The F.I.R. was not lodged during the night for fear of the accused persons and also in order to preserve the dead bodies from the assailants. The bodies were brought to the house and left there till morning. The F.I.R. Ext. Ka - 1, was lodged at P.S. Aliganj, District Etah at 9.10 a.m. on 25-10-1979.
(3.) THE investigation in the case, after registration of the F.I.R., was commenced by P.W. 7 Raghubir Singh Yadav. After completing the necessary formalities he had submitted the charge - sheet, which consequently resulted into the trial of the appellants and their conviction by the trial Court.;