S.C.AGARWAL, J. - (1.) (Delivered by Hon'ble Mrs. Poonam Srivastav, J.) These two criminal appeals arise out of a common Session Trial No. 433 of 2001 (State Vrs. Harpal and others) and Session Trial No. 81 of 2002 (State Vs. Suresh) Criminal Appeal No. 527 of 2003 is on behalf of Appellant Harpal and Suresh, both sons of Deepa Singh and Criminal Appeal No. 209 of 2003 is on behalf of the appellant Taraspal, son of Ram Charan Singh and Har Kishan, Son of Deep Singh against judgment and order dated 06.01.2003 passed by Sri P.K. Singh, Additional District Judge (Fast Track Court), Court No. 10, Gautam Budh Nagar. All the appellants are convicted under Section 302/34 IPC and sentence to life imprisonment and a fine a Rs. 5000/- each, in default of payment of fine, further imprisonment of three months. Conviction under Section 323 I.P.C. and sentence to six months R.I., both the sentences were directed to run concurrently. The appellants were acquitted under Section 307/147/148 I.P.C. Appellants Suresh and Harpal were acquitted under Section 25 Arms Act. Mahendra and Brajpal were also named accused in Session Trial but they have been granted acquittal by the learned Trial Judge.
(2.) THE incident is alleged to have taken place on 05.10.2001 at 7.45 P.M. inside the house of Sanjay Singh (P.W. 1) in village Thora, Police Station Jevar, District Gautam Budh Nagar. The First Information Report was lodged on the same date i.e. 05.10.2001 at 9.10 P.M. at Police Station Jevar, District Gautam Budh Nagar by Sanjay Singh (P.W. 1), which is Ext. Ka-1. The distance of the Police Station is 10 Kms towards east. According to the narration in the FIR, the first informant was in his house with his father Ganga Singh @ Ram Singh, his elder brother Kunwar Ravendra Singh and his mother Smt. Omwati. The appellants along with Brajpal and Mahendra entered the house of P.W. 1 Sanjay Singh. Harpal Singh armed with a country made pistol, Harkishan armed with DBBL gun, Suresh armed with country made pistol, Taraspal and Brajpal armed with Lathi and Mahendra Singh armed with Ballam. All the armed assailants challenged the first informant and shouted that let the inmates of the house be taught a lesson for abducting his daughter and on instigation of Taraspal, the assailants opened fire and also wielded Lathi and Ballam blows. When the first informant and his family members tried to escape, father Ganga Singh and elder brother Kunwar Ravendra Singh were killed. The first informant and his younger brother Rajendra Singh are also alleged to have received injuries.
(3.) INJURIES of Sanjay Singh was examined on 06.10.2001 at 3.00 A.M and Rajendra Singh at 2.50 AM at Primary Health Centre, Jevar by Dr. R.P. Singh (P.W. 5).;