- (1.) ONKARESHWAR Bhatt, J. Appellants Chhatrapal (aged about 25 years), Jasiram (35 years), Bali Singh (22 years), Mahendra (19 years) and Gajadhar (48 years) have been convicted and sentenced under Section 302 read with Section 149, I. P. C. to undergo rigorous imprisonment for life, under Section 307 read with Section 149, I. P. C. to undergo seven years rigorous imprisonment and under Section 148, I. P. C. to undergo two years rigorous imprisonment. The sentences were ordered to run concurrently. The order of conviction and sentence has been passed in Sessions Trial No. 299 of 1980 by the then IInd Addl. Sessions Judge, Hamirpur on 23- 2-1985.
(2.) SRI Gopal Chaturvedi, learned Senior Advocate, appearing for the appellants, and learned A. G. A. appearing for the State have been heard. Appellants, Chhatrapal and Jasiram are brothers being sons of Chhabilal. Appellant, Bali Singh is their cousin being son of Desraj and so also the appellant, Mahendra. Appellant, Gajadhar is the father of appellant, Mahendra, Chhabilal, Desraj and Gajadhar live together and have a common mess. Three persons have lost their lives in this case. They are Parsuram, Asha Ram and Nripat. P. W. 1 Mool Chand is the brother of deceased, Parsuram and is cousin of Asha Ram, deceased. Deceased, Nripat belongs to the family of Mool Chand, P. W. 1. On 27-7-1980 at about 4 p. m. P. W. 1, Mool Chand was playing card in his verandah in village Audera Police Station Rath District Hamirpur alongwith deceased, Parsuram and Asha Ram. One Hindupat was also playing card with them. Infront of the Verandah of Mool Chand Ram Kishan P. W. 2 and Aruna Kumari were present. At that time appellant, Gajadhar armed with spear and other four appellants armed with gun came from northern direction. Appellant, Gajadhar challenged Asha Ram, whereupon appellant Chhatrapal fired at Asha Ram which hit him. At the same time, appellants, Jasiram, Bali Singh and Mahendra fired at Parsuram which hit him and Parsuram fell down in the verandah. Asha Ram and Mool Chand went inside the house. All the appellants ran away in the northern direction. Mool Chand and others lifted Parsuram inside the house and closed the door from inside. At about 4. 15 p. m. Roop Rani, P. W. 3, who had gone to collect fodder in Puwawa Har alongwith her son, Nripat, grand-son, Lakhan Lal, P. W. 4, and daughter-in-law saw appellant, Gajadhar armed with spear and other four appellants armed with gun. The appellants came to her chak and appellant, Gajadhar held out to Nripat Singh that he had come to take revenge of his brother. Nripat Singh was wearing Nekar and Banyan and after wearing shoes and taking his umbrella he ran. Again appellant, Gajadhar made exhortation upon which other four appellants followed and fired a him. Nripat fell down in the Jwar field. The appellants went there and again made two fires, whereafter they went away towards Kaitha. Roop Rani came to the house of Mool Chand and narrated the fact that appellants have killed her son, Nripat. In the year 1975 murder of Chhabilal, father of appellants, Jasiram and Chhatrapal took place. Rampal and Ratan were accused in the murder of Chhabilal. Rampal and Ratan were enlarged on bail. They demanded Rs. 8,000/- from deceased, Nripat and Asha Ram, as they had caused the murder of Chhabilal at their instance. Nripat and Asha Ram did not pay the above amount nor did Parivi in the case. Due to the above enmity, the appellants had committed the murder of Nripat and made murderous assault on Asha Ram and Parsuram.
(3.) MOOL Chand prepared a written report of the occurrence at his house and at 7. 20 p. m. on 27-7-1980 First Information Report of the case was lodged at police station Rath. Distance of the police station from the place of occurrence is about there kilometers. Sri Kripal Kureel, Sub-Inspector, P. W. 5, was present at the police station when the First Information Report was lodged. He reached the place of occurrence. Alongwith two constables he sent injured, Parsuram and Asha Ram to Rath Hospital. Dr. A. K. Srivastava sent a letter to the Sub-Divisional Magistrate and Tahsildar for recording dying declaration as the condition of Asha Ram and Parsuram was serious. Before the Magistrate could arrive, Parsuram died. P. W. 6, Ishwar Vishwanath, Sub- Divisional Magistrate, Rath recorded dying declaration of Asha Ram on 27-7- 1980 which ended at 10. 45 p. m.;