- (1.) G. P. Mathur, J. Balbir Singh, Mahipal Singh and Jai Pal Singh have preferred this appeal against the judgment and order dated 30-11-1981 of Additional Sessions Judge, Hamirpur in S. T No. 6 of 1981 by which appellant Balbir Singh was convicted under Section 302 I. P. C. and the appellants Mahipal Singh and Jai Pal Singh were convicted under Section 302 read with Section 34, I. P. C. and they were all sentenced to imprisonment for life. The appellants were further convicted under Section 323 read with Section34 I. P. C. and were sentenced to one year R. I.
(2.) THE appellant No. 1 Balbir Singh according to the report of C. J. M. Hamir pur has died. His appeal was accordingly abated by the order dated 26-3-2001. Now we are only concerned with the remaining two appellants. The case of the prosecution, as set-forth in the F. I. R. and as unfolded by the evidence, in brief, is that at about 5. 00 p. m. on 26-5-1980, the deceased Narain Das was playing cards along with Dharam Singh and appellants Balbir Singh and Mahipal Singh on the chabutra of Lal Deewan in village Veera. While so playing exchange of hot words took place between the deceased Narain Das and the appel lant Balbir Singh in which the latter gave abuses to the former and used some filthy words. The deceased also gave abuses to Balbir Singh. In a fit of rage Balbir Singh went to his house and brought a gun while his brothers Mahipal Singh and Jai Pal Singh brought lathis and challenged Narain Das. He then ran towards eastern side raising an alarm on which his brother, the first informant, Sri Krishan, his father Mullu and another brother Ram Adhar and some others came to the spot. They challenged Balbir Singh and his brothers. However, Balbir Singh fired from his gun upon Narain Das, who fell down and died. Mahipal Singh and Jai Pal Singh assaulted Shri Krishan and Mullu with lathis. There after, all the accused ran away. Shri Krishan then lodged a F. I. R. of the occurrence at 7. 45 p. m. on 26-5-1980 at P. S. Jaria, which is 3 kms. from the place of occurrence. P. W. 8 Udai Pratap Singh, clerk constable of P. S. Jaria prepared chick F. I. R and also registered a case in the General Diary at 7. 45 p. m. The F. I. R. was lodged in the presence of Lai Bahadur Verma, S. O. of P. S. Jaria. He immediately commenced investigation of the case and proceeded for the spot. He held inquest on the body of the deceased Narain Das, prepared photo lash, challan lash and prepared other necessary documents. The body was sealed and was sent for post-mortem examina tion. He collected plain and blood stained chaff from the place where the body of the deceased was lying and their recovery memo was prepared. After his transfer Mahabir Singh Chaudhary took over in vestigation of the case and recorded state ment of the remaining witnesses under Section 161 Cr. PC. Thereafter, he sub mitted charge sheet against all the ac cused.
(3.) THE learned C. J. M. Hamirpur took cognizance of the offence and committed the case to the Court of Sessions. THE learned Additional Sessions Judge by his order dated 24-2-1981 framed charge under Section 302 I. P. C. against Balbir Singh accused and under Sections 302/34 I. P. C. against Mahipal Singh and Jai Pal Singh accused. All the accused were fur ther charged under Section 323/34 I. P. C. THE charges were explained to the accused who pleaded not guilty and claimed to be tried. THE prosecution in support of its case examined 9 witnesses including 4 eye witnesses. THE accused' in their statement under Section 323 Cr. PC. denied the prosecution case and alleged their false implication on account of enmity. THEy however, did not lead any evidence in their defence. THE learned Sessions Judge believed the case of the prosecution and convicted and sentenced the appellants as stated earlier. We have heard Sri Vinay Saran for the appellants, Sri R. K. Singh, learned A. G. A. for the State and have perused the record.;