- (1.) P. P. Gupta, J. Indrapal Singh, Surendra Singh and Prithvi Raj Singh have preferred this appeal against the judgment and order dated 28-11-1978 passed by the II Additional Sessions Judge, Shahjahanpur convicting and sentencing each of them under Section 302 read with Section 34,i. P. C. to imprisonment for life.
(2.) THE charge against appellants was that in furtherance of their common intention the appellants committed the murder of Hira Singh on 27-4-1977 at 5-00 p. m. in village Dhukri, P. S. Banda, district Sahahjahanpur. Since the parties are closely related, it will be material to go through their pedigree. I Jabar Singh, common ancestor, had five sons, viz. Hira Singh, (deceased), Pool Singh. Manna Singh, Munnu Singh and Roopa Singh P. W. 1 Virpal Singh, is the son of Hira Singh. Phool Singh had died issueless four months prior to the incident. Manna Singh also died issueless. Munnu Singh also died leaving behind two sons, viz. Kalyan Singh and Subedar Singh. Kalyan Singh is issueless. The accused Indrapal Singh and Surendra Singh are real sister's son of Kalyan Singh. Roopa Singh had one son, viz. Gaya Singh, who is also dead. Gaya Singh has three sons, Viz. Prithvi Raj Singh (accused-appellant) and two other minor sons aged 12 years and 8 years respectively. Phool Singh owned 28 Bighas of land on his death, which occurred about two months before the date of occurrence, wheat crop was standing on that land. Hira Singh (deceased), being the real brother of Phool Singh, had better claim of inheritance on the land of his brother, Phool Singh, as compared to in other branches of the pedigree. His nephew, Kalyan Singh, wanted to grab the land and the crop. A litigation in this regard was pending in Tehsil. The accused-appellant, Prithvi Raj Singh was taking the side of Kalyan Singh.
(3.) ON 27-4-1977 at about 5-00 P. M. , P. W. 1 Virpal Singh, accompanied by his father, Hira Singh, went to see the wheat crop sown in the filed of Phool Singh and found the appellants standing in that field and P. W. 2 Lal Singh, Tej Singh and Kutumb Singh were harvesting the wheat crop. The accused-appellants, Prithvi Raj Singh and Indrapal Singh were armed with spears while accused-appellant Surendra Singh was armed with a Lathi. Hira Singh asked the persons harvesting the crop as to why they were doing so when the dispute regarding the land was still pending. ON hearing Hira Singh, P. W. 2, Lal Singh and his two companion stood up. The appellant, Surendra Singh, gave a Lathi blow to Hira Singh saying that he would not leave him in a position to take benefit from the inheritance. All the three appellants then started assaulting Hira Singh with their weapons. ON an alarm being raised by P. W. 1, Virpal Singh, one Chhutkannu Singh reached there. Appel lant, Surendra Singh, then took out a Tamacha from his Anti and pointing it towards Virpal Singh and Chhutkannu Singh threatened that they would be murdered in case they move forward. Thereafter the appellant, Surendra Singh, discharged his Tamancha towards Hira Singh and then all the appellants ran away. P. W1 Virpal Singh, approached his father and found him dead. Accompanied by village Chowkidar, he went to Police Station, Banda where the F. I. R. Ex. Ka-1, was lodged. The investigation of the case was taken up by P. W. 3 Baljit Singh, S. I. , who, after interrogating the informant at the Police Station, reached the place of incident. On 28-4-1977, Panchayatnama and other necessary papers were prepared and the dead body of Hira Singh was sent for post-mortem examination to Shahjahanpur where authopsy on his body was performed on 29-4-1977 at 3. 00 P. M. by Dr. S. K. Mehrotra. The same day i. e. on 28-4-1977 at about 2. 00 p. m. P. W, 3, Baljit Singh, S. I. , handed over the investigation to S. I. , T. C. Sharma, who, after having completed the investigation, submitted charge-sheet, Ex. Ka-8, against the appellants.;