Oak, J. - (1.) THESE three connected appeals relate to the murder of one Raja Ram. Singhara Singh has been convicted by the learned Additional Sessions Judge, Bijnor under Section 302, I.P.C. Bir Singh and Tega Singh have been convicted under Section 302, IPC read with Ss. 120B, 109 and 114, IPC. Singhara Singh and Bir Singh have been sentenced to death; while Tega Singh has been sentenced to imprisonment for life.
(2.) ACCORDING to the prosecution, Raja Ram deceased was a businessman of Afzalgarh in district Bijnor. He had a shop in the main market of Afzalgarh. For a long time Abdul Rashid accused had enmity with Raja Ram. Zamir and Khalil accused are related to Abdul Rashid accused. These men decided to get Raja Ram murdered. The three man secured the services of four Sikhs for murdering Raja Ram. The four Sikhs are Kundan Singh, Singhara Singh, Bir Singh and Tega Singh. The seven men entered into a criminal conspiracy to murder Raja Ram. One evening Raja Ram was sitting at his shop. The four Sikh accused visited the shop at about 7 -30 p.m. Three accused stood near the shop; while the fourth accused stood at a short distance from the shop. The three Sikh accused made some purchases from Raja Ram deceased. One of the Sikhs asked Raja Ram to supply certain other things. Raja Ram replied that he would attend to him after the price for things already purchased had been paid up by his companion. On receiving this reply, the accused who had purchased certain articles retorted that he would settle his account forth with. So saying, that accused pulled out his pistol, and fired towards Raja Ram. The pistol, however, misfired. Another accused received a signal from his companions. That accused also pulled out his pistol, and fired at Raja Ram. That accused was Singhara Singh. Raja Ram was hit in the neck, collapsed, and died instantaneously. Some neighbours heard the report of the fire, and saw the Sikh accused running away from Raja Ram's shop. These people chased the four Sikh accused for some distance. But another fire was made by the miscreants. So the chase had to be abandoned. One Chandra Prakash handed over a written report at police station Afzalgarh the same evening.
(3.) ABDUL Rashid, Zamir & Khalil accused absconded. They could not by arrested till several months had elapsed after Raja Ram's murder. The four Sikh accused were arrested upon suspicion. They were put up for identification in jail. Three accused, Singhara Singh, Bir Singh and Tega Singh made confessions before a Magistrate admitting having participated in Raja Ram's murder. The seven accused were committed to sessions for criminal conspiracy and murder.;