A.K. Roopanwal, J. - (1.) AS criminal appeal No. 7670/07 and criminal revision No. 3969/07 arise out of the same judgment, hence, these are being decided by a common judgment.
(2.) CRIMINAL appeal No. 7670/07 has been filed against the judgment dated 5.11.07/7.11.07 passed by the Sessions Judge, Rampur in S.T. No. 552/2000, State v. Daljeet Singh and Ors. whereby the appellant Manjeet Singh was found guilty and convicted for the offence punishable under Sections , / and /, IPC on 7.11.07. He was sentenced to imprisonment for life for the offence punishable under Section /, IPC and a fine of Rs. 10,000/ - and in default of the payment of fine further R.I. for one year. For the offence punishable under Section /, IPC he was sentenced to 10 years R.I. and a fine of Rs. 10,000/ - and in default of payment of fine further R.I. for one year. He was also sentenced to 2 years R.I. for the offence punishable under Section , IPC. The court ordered that all the sentences of imprisonment shall run concurrently. As vide judgment dated 5.11.07 accused Daljeet Singh, Satnam Singh, Amarjeet Singh, Lakhvinder Singh, Sadhu Singh, Hardev Singh, Sukhdev Singh alias Fauji Singh and Chitranjan Singh alias Bittal were acquitted of the charges under Section , , /, /, , hence, for setting aside this acquittal revision No. 3969/07 was filed by Bakhsheesh Singh, the complainant of the case.
(3.) THE FIR of the case was lodged by Bakhsheesh Singh S/o Gurbachan Singh, R/o village Abbas Nagar, P.S. Swar, District Rampur on 12.6.2000 at 7.30 a.m. at P.S. Milak Khanam, District Rampur. It was alleged in the written report on the basis of which FIR was lodged that deceased Mohan Singh was the real brother of the informant Bakhsheesh Singh. Mohan Singh was living with his family at his Jhala (house) in village Andikhera, P.S. Milak Khanam, District Rampur. The father of the informant named Gurbachan Singh was living in Panjab and at the time of occurrence he had come from there. The informant went at the house of Mohan Singh to meet his father Gurbachan Singh on 11.6.2000. All took meals together and because it was night, he stayed with Mohan Singh. The informant Bakhsheesh Singh and his father Gurbachan Singh slept in the courtyard of the house and Mohan Singh along with his wife Manjeet Kaur, sons Tejpal Singh, Mehar Singh and daughter Jaspreet Kaur slept on the roof of the house. In the night between 11/12.6.2000 at about 2.00 a.m. the informant felt some noise. He saw in the light of electric bulb that accused Daljeet Singh, Satnam Singh, Amarjeet Singh all sons of Harcharan Singh, R/o village Raza Nagar, P.S. Swar, Manjeet Singh S/o Kartar Singh, R/o village Govindpura, P.S. Milak Khanam (present appellant), Lakhvinder Singh S/o Ravel Singh, Sukhdev Singh alias Fauji S/o Rurh Singh, Chitranjan Singh alias Bittal S/o Dalbag Singh, R/o village Talifarm, P.S. Bajpur, Sadhu Singh S/o Harnam Singh and Hardev Singh S/o Sadhu Singh residents of village Gadhiya, P.S. Bilaspur were present in the house. They were having lathies, iron rods, spears and other weapons. The informant became frightened and immediately ran away out of the house and hid himself in a nearby field. The aforesaid accused persons killed Mohan Singh and Gurbachan Singh and caused serious injuries to Manjeet Kaur, Tejpal Singh, Mehar Singh and Km. Jaspreet Kaur. It was alleged in the written report that prior to the incident the relatives of the aforesaid accused persons had committed murders of Satnam Singh and Kulwant Singh, the real nephews of the informant and they were having enmity with his family. They had also threatened to kill the informant and his family while leaving the place of occurrence.;