B.AMIT STHALEKAR, J. - (1.) Heard Shri Vimlendu Tripathi, learned counsel for the appellants and the learned A.G.A. for the State.
(2.) The present criminal appeal has been filed against the judgement and order dated 24.1.2001 passed by the Special Judge (D.A.A. Act), Etawah in S.T No. 503 of 1993 connected with S. T. No. 546 of 1993 whereby the appellant have been convicted under section 148 I.P.C. and sentenced to 3 years R.I., under section 307/149 I.P.C. and sentenced to 7 years R.I. and under section 302/149 I.P.C. to life imprisonment. All the sentences were directed to run concurrently.
(3.) Briefly stated the facts of the case are that on 14.11.1991 a written report Ext. Ka-1 was submitted by one Akhilesh Kumar scribed by Rajveer Singh at police station Bharthana, Etawah, which was registered as case crime no. 294 of 1991 under sections 147, 148, 149, 307 and 302 I.P.C. wherein it was stated that on 14.11.1991 at about 6 a.m. the informant Akhilesh Kumar alongwith Prahlad Singh, Govind Singh, Sovaran Singh, Malkhan Singh, Ajmer Singh, Manoj Kumar and Babloo were ploughing his filed which he had purchased from Uma Shanker resident of Kunjpura Etawah and with regard to this agricultural plot he had old enmity with Nathu Ram and regarding which a court decision had been made in favour of his (Akhilesh's) father as a result of which Nathu Ram and his sons bore enmity towards Akhilesh. It is alleged that seeing Akhilesh and his companions ploughing the said plot, Nathu Ram (died during trial) alongwith Diwari Lal, Dinesh Chandra, Viresh Chandra, Shiv Singh, Sarvesh Chandra (died during trial), Nihal Singh and Kusum Singh armed with Lathi, Stick, Spear, Pharsa, Country Made Pistol, and handbombs came to the plot and surrounded the complainant after which Nath Ram exhorted his companions to kill the complainant and other persons whereupon the accused persons, namely, Nathu Ram and Sarvesh Chandra fired upon the complainant and others and also attacked them with Lathi, Danda, Pharsa Spear, and country made pistols, as a result of which the complainant's brother Ramesh Chandra died on the spot whereas Prahlad Singh, Kripal Singh, Govind Singh and Manoj Kumar sustained bullet injuries and injuries from Danda, Spear, Lathi and Pharsa. The complainant and the other injured started shouting upon which Subhash Chandra, Jaiveer and other villagers rushed to the spot and on their challenge the accused persons ran away. On the basis of this written report F.I.R. was registered by the police on 14.11.1991 at 10.35 a.m. (Ext. Ka. 2). Ext. Ka- 14 dated 14.11.1991 is a search report in respect of the accused persons which mentions that all the accused persons had ran away from their houses. Ext. Ka-8 is the recovery memo which shows recovery of four empty cartridges, one cartridge is of 12 bore, pieces of used bombs, half burn strings and three cartridges were recovered from the field of Nirbal. Ext. Ka-7 is the recovery memo of plain and blood stained earth from the place where the deceased Ramesh Chandra had fallen.;