J.C.GUPTA, J. - (1.) THIS appeal is directed against the judgment and order dated 30-9-1980 of the then Vth Additional Sessions Judge, Muzaffar Nagar in Sessions Trial No. 10 of 1980 convicting the appellants under S.147, S.452, S.323 read with S.149 and S.302/149, IPC and sentencing each of them to undergo R.I. for a period of one year, four years, nine months and life imprisonment respectively and further directing all the sentences to run concurrently.
(2.) BEFORE adverting to the prosecution story it may be relevant to mention here the following pedigree for showing that the deceased, first informant and accused persons are related to each other. Accused Madan Singh and Dharam Singh are nephews of accused Manphool Singh. The prosecution case in brief is that there was a long standing enmity and dispute between complainant party and accused persons in respect of plot Nos. 42 and 45 which were kept outside the chak carvation during consolidation proceedings. According to prosecution case the complainant party had half share in the above two plots and the other half share belonged to the accused party. However, accused persons were occupying more area than their share. Ajab Singh PW 1 and his brother Chandrabhan, deceased in this case had been requesting the accused persons to get demarcation of their respective shares done, but accused persons always avoided it. It is alleged that the accused persons were annoyed on account of repeated requests made by the deceased for demarcation.
(3.) THE occurrence in question is said to have occurred on 29-8-1978 at about 7.30 p.m. At that time Ajab Singh, PW 1 was in his "Gher" along with his brother Abhay Singh. This "Gher" was placed at a distance of about 125 paces from the house of Chandrabhan deceased. Both Ajab Singh and Abhay Singh rushed to the house of Chandrabhan on hearing cries. Virendra Singh, PW 2 also followed them and when all of them reached in front of main door of the house of Chandrabhan deceased they noticed that the five appellants named above were assaulting Chandrabhan in his courtyard with lathi. In order to save life of their brother, Ajab Singh and Abhay Singh both rushed into the house of Chandrabhan as a result of which they were also assaulted by the appellants. On their shrieks PW 2 Virendra Singh s/o. Chauhan Singh, Raghuvir s/o Jai Pal Singh and Sukhvir s/o Abhan Singh, Dhoop Singh s/o Devi Singh and others also arrived at the scene of occurrence and witnessed the incident. As the pressure mounted accused person went out of Chandrabhan's house through a window. Chandrabhan became unconscious on the spot due to injuries sustained by him. It is further alleged that in the next morning complainant Ajab Singh carried Chandrabhan to the nearest hospital of Galibpur Dispensary, but he could not be given any medical aid there as the doctor was not available. Thereafter they proceeded to Muzaffar Nagar, but in the way they decided to go to Khatauli hospital. But before they could reach there, Chandrabhan expired near the Mill Gate. Ajab Singh dictated first information report (Ext. Ka. 1) to his brother Bhim Singh and produced the same at police station Khatauli on 30-8-1978 at 11.45 a.m. The dead body of Chandrabhan was also brought at P. S. Khatauli.;