K. C. Bhargava, J. - (1.) THIS appeal is directed against the judgment and order dated 12-2-1977 delivered by the Ilnd Additional Sessions Judge, Kheri, in Sessions Trial No. A-410 of 1976. Learned Ilnd Additional Sessions Judge has convicted Amarjeet Singh alias Ambar Singh, Mahendra Singh and Manjeet Singh under section 302 IPC and sentenced each of them to under go rigorous imprisonment, for life. He further convicted these persons under section 302/34 IPC and sentenced each of them to undergo rigorous imprisonment for life. He also convicted Jogendra Singh under section 302/34 IPC and sentenced him to undergo rigorous imprisonment for life. He also convicted Amarjeet Singh, Mahendra Singh and Manjeet Singh accused persons under section 307 Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for seven years. He also convicted Amarjeet Singh alias Ambar Singh, Mahendra Singh, Manjeet Singh and Jogendar Singh under section 307 IPC read with section 34 IPC and sentenced each of them to undergo rigorous imprisonment for seven years. All these sentences were directed to run concurrently.
(2.) THE facts of the prosecution case are as under : - Balbir Singh lodged an FIR Ext Ka 1 on 22-8-1973 at 7 13 P.M. giving out that the incident took place on the same day at 4.00 P.M. It will be convenient to mention the topography of the area. Towards the Nali on the western side is the field of Mahendra Singh having sugarcane crop. Towards east of Nali is another field of Mahendra Singh having sugarcane at that time. Towards south of this field of Mahendra Singh was the field of Karnail Singh. Towards west of Nali and towards south of the field of Mahendra Singh was the Parti field of Dhara Singh. Towards the west of the Parti field of Karnail Singh there is another Parti field of Karnail Singh. Towards the west of this field of Karnail Singh was another field of Karnail Singh having maize crop in it. Towards the north of Parti field of Karnail Singh and towards the west of the field of Mahendra Singh having been sugarcane crop, was the field of Mahendra Singh having paddy at that time. Towards the west of this field of Mahendra Singh was his Parti field and thereafter towards the west of it was another field of Mahendra Singh having maize crop in that year. Towards the west of that field was another field of Mahendra Singh having maize crop at that time Towards the north of this field of Mahendra Singh was the field of Sheesha Singh. and towards the west of this field of Sheesha Singh was another field of Sheesha Singh having maize crop. On the date of the incident at about 4.00 P.M. Mukhtar Singh maternal brother of the complainant Balbir Singh was grazing his catties near the maize and Chari field of Balbir Singh. Adjacent to this was the field of Mahendra Singh son of Dewa Singh. The catties of Mukhtar Singh came on the Mend of the field of Mahendra Singh. On this Mahendra Singh assaulted Mukhtar Singh by means of slaps and drove his catties into the field of Sheesha Singh, maternal uncle of the complainant. In this field of Sheesha Singh, maize crop was standing. Mukhtar Singh, thereupon raised an alarm on hearing of which his maternal uncle Preetam Singh armed with Kanta came there and drove the catties of his field and thereafter Preetam Singh asked Mahendra Singh as to why he assaulted Mukhtar Singh and why his catties were driven into his fields. On this, abuses were hurled from both the sides. In the meantime, Amar Singh son of Mahendra Singh armed with gun, Manjeet Singh armed with a Sooja, Jogendra Singh, relation of Mahendra Singh, armed with Kripan and Mahendra Singh armed with a Ballam came on the spot. These persons started assaulting the complaint's maternal uncle Preetam Singh. On hearing the noise of the complainant's maternal uncle Sheesha Singh armed with Lathi, Gyan Singh servant of Preetam Singh armed with licensed gun of Preetam Singh, complainant, complainant's father Kartar Singh, Mukhtar Singh son of Gyan Singh, Baldeo Singh son of Nishan Singh also came there running. They saw Preetam Singh being assaulted. Thereupon Ambar Singh fired shot towards Preetam Singh. Preetam Singh fell down on the spot and died. Mahendra Singh and others as so assaulted Sheesha Singh and Gyan Singh. Complainant's father went to save but Mahendra Singh and others also assaulted them. During this assault gun of Gyan Singh fell from his hand which was picked up by Mahendra Singh. These persons raised alarm on which Mahendra Singh took away the gun and other accused persons with their arms ran towards the Forest. Sheesha Singh, Gyan Singh and father of the complainant Kartar Singh received a number of injuries. The dead body of Preetam Singh was kept by them at the residence and thereafter the complainant with three other injured persons went to the Police Station on bullock cart. On the basis of Ext Ka 1, chick report was prepared at 7.15 P. M. After usual investigation the police submitted charge-sheet against four accused persons namely Mahendra Singh, Amarjeet Singh alias Ambar Singh, Manjeet Singh and Jogendra Singh. Shisha Singh, Gyan Singh and Kartar Singh were medically examined by the Doctor. There-after Shisha Singh died and his post mortem examination was held. Similarly the post mortem examination of Pritam Singh was also conducted. It is not necessary to detail out the injuries received by the injured persons and the deceased persons. If and when occasion arises injuries will be considered in detail, in the later part of the judgment.
(3.) MAHENDRA Singh one of the accused lodged an FIR, Ext Ka 31, on 22-8-1977 at 6 30 P.M. stating that the incident took place at 400 P.M. These accused persons admitted the place and time of the occurrence. They have given a different version of this incident. MAHENDRA Singh, accused, in his FIR, Ext Ka 31, admitted the presence of Mukhtar Singh son of Pritam Singh, Pritam Singh, Shisha Singh, Gyan Singh and Kartar Singh. No mention is to be found in that report about Balbir Singh and Mukhtar son of Gyan Chand. On their side the presence of all the accused persons mentioned in Ext Ka 1 has been admitted by MAHENDRA Singh in his FIR Ext Ka 31. There is one dying declaration of Shisha Singh, Ext Ka 13, which was recorded by the Tahsildar Magistrate 11 Class. The prosecution examined witnesses in support of its case.;