- (1.) THIS criminal appeal is directed against the judgment and order dated 20.10.1982 passed by the 3rd Additional Sessions Judge, Hamirpur in S.T.No.171 of 1979 through which he convicted all the five appellants under Sections 302 read with 149 IPC and sentenced each of them to undergo rigorous imprisonment for life. They were further convicted and sentenced to undergo two years' rigorous imprisonment under Section 148 IPC.
(2.) THE appellant No.5, Luliya has died during the pendency of this appeal and the appeal stood abated against him on 18.5.2010. The alleged murder had taken place on 28.4.1979 in front of the residential house of the complainant Hindupat which situates in the village Kuchhechha, P.S.Majhgawan, district Hamirpur. On the fateful day a marriage ceremony had to take place in the house of the complainant. His brother Kamta Prasad, the family members and relatives were busy in preparation of the marriage. Kamta Prasad had come out of the house to give certain instructions regarding preparation of the marriage ceremony. He was standing before the main door when all the appellants came out from behind the house of the complainant. They were armed with guns. On the exhortation of the appellant Brijendra Singh, appellant Raju fired at Kamta Prasad which hit the abdomen of the deceased, who fell down on the ground. Immediately thereafter the appellant Jagram released a fire from his gun hitting the right thigh of the deceased. The complainant and other family members raised an alarm whereupon the appellant Sukkha released a fire from his gun which hit the wall of the house of the complainant. Thereafter all the appellants ran away from the scene of occurrence firing in the air. Kamta Prasad died at the spot. The appellants had attacked Kamta Prasad because a couple of years back to the date of the incident one Raghubir Singh, father of the appellant Brijendra Singh was murdered in which Kamta Prasad and the complainant Hindupat were accused. It has been alleged in the FIR that due to previous enmity Kamta Prasad was killed by the appellants who had reached the spot in a pre-planned manner having a common object.
(3.) AFTER lodging of the FIR the matter was investigated by the investigating officer. The dead body of the deceased was sent for post mortem after completing the inquest report.A charge sheet was filed and the case was committed to the Court of Sessions. All the appellants were charged for the offences punishable under Sections 148, 302, 149 IPC. They pleaded not guilty. The prosecution examined PW-1 Hindupat, the complainant, PW-2 Constable Balwant Singh, PW-3, Constable Shamshad Ahmad, PW-4 Constable Shiv Kumar Gupta, PW-5, Har Kishan, PW-6, Vishwanath, PW-7, Dr. A.K.Srivastava, PW-8, Manna Singh & PW-9 Rajendra Prasad Tiwari, the investigating officer of the case. PW-7 Dr.A.K.Srivastava conducted the post mortem and prepared the post mortem report. PW-1,Hindupat, PW-5, Har Kishan and PW-6 Vishwanath are the witnesses of facts. Rest of the witnesses are of formal nature. The prosecution had filed as many as 18 papers which have been exhibited and marked.;