G.D.Dube, J. - (1.) This appeal has been preferred against the judgment and order of fourth Additional Sessions Judge, Bijnor convicting and sentencing Veer Singh under Section 302, Indian Penal Code and Kallu and Shivcharan under Section 302/34, Indian Penal Code each to imprisonment for life and a fine of Rs. 500/- and in default of payment of fine. each of them were directed to undergo six months rigorous imprisonment. Rs. 1000/- was to be paid to sons of Smt. Monga out of the fine so recovered.
(2.) The prosecution case is that appellant Kallu Singh is the step brother of Lal Singh alias Budhar Singh first husband of Monga deceased. There was a litigation between Smt. Monga and Kallu about the property of her first husband. Smt. Monga had won her case even from Allahabad High Court. consequently Kallu Singh and his two sons Veer Singh and Shiv Charan were inimical to the deceased and his family.
(3.) It has been alleged that at about 2 p.m. on 20.10.79 Satyapal Singh P.W. 2 and Smt. Monga were returning from village Rampur for their residential house situated in village Zafrabad P.S. Afzalgarh, district Bijnor. When they reached near the Chak of Ram Lakhan Singh in village Anandipur three appellants surrounded them. Veer Singh was holding a knife and,Shiv Charan a lathi. They dragged Smt. Monga stating that old woman troubled them too much and therefore, they would finish her. P.W. 2 Satyapal Singh had raised alarm. While the three accused were dragging Smt. Monga towards the field of Ram Swaroop Singh Kallu Singh was exhorting his sons to kill the old lady soon as the other people were coming. The three accused pulled down the deceased. Kallu Singh was holding the hands, Shiv Charan was holding the feet and Veer Singh had given some knife blows. Thereafter they threw the body of the deceased in the nearby sugarcane field. By that time witnesses coming behind had arrived on hearing alarm. Satyapal Singh and witnesses had apprehended Kallu Singh on the spot. The other two had ran away. Satyapal Singh had dictated the first information report to one Narendra Kumar of Village Anandipur near the dead body. Thereafter the witnesses had taken the arrested accused Kallu alongwith report to the police Station. Kallu was handed over to the police and a case was registered in the police Station Afzalgarh at 5.30 p.m.;