VINOD PRASAD, J. - (1.) SOLITARY appellant Dhanpal was tried by IVth Additional Sessions Judge, Muzaffarnagar in S.T. No. 272 of 1981, State Vs. Dhanpal and others, along with two other acquitted accused Malkhan and Chohal, for committing murder of Smt. Santa, widow of Bira Singh and mother of informant Anil, PW1 u/s 302 I.P.C. and was convicted and sentenced to life imprisonment, vide impugned judgement and order dated 27.11.1982, and hence this appeal by the appellant challenging his aforesaid conviction and sentence.
(2.) NARRATION of entire prosecution case was made by the informant Anil Kumar,P.W.1,in the Sessions Trial, according to which informant was a resident of Wazirpur, police station Ashok Vihar, Delhi. His great grand-father Guddhi had four sons Sukhkhan, Chandra Bhan, Bhagwan and Har Lal. Veer Singh and Smt. Santo (deceased) were the wife and son of Har Lal and parents of the informant Anil Kumar,P.W.1, whereas Jaswant (eye-witness) is the son of Chandra Bhan. Veer Singh, informant's father had purchased an agricultural land in village Ghanshyampura, a hamlet of Samoli, P.S. Khatauli, district Muzzaffarnagar, farming of which was looked after by the informant and his father. Fifteen or sixteen months prior to the present incident, Veer Singh was done to death in Ghanshyampura, by Dhanpal (appellant), Chohal (acquitted accused) and one Buddhu Gadaria, regarding which investigation was pending with the police. In that investigation widow Santo had given statement against the accused of that crime. On the date of the incident 1.6.1981, Anil Kumar informant, Smt. Santo deceased, Har Lal, his wife Smt. Phullo, grand-father and grand-mother of the informant and in-laws of Smt. Santo (deceased), and Jaswant, uncle of the informant, all were present in village Ghanshayampura. Smt. Santo (deceased) was sitting on a cot in the kitchen in front of living room. At 1 p.m. in the afternoon three accused, Dhanpal armed with a gun, Chohal armed with a danda, and Malkhan empty handed, who all are residents of village Samoli, half a furlong away from village Ghanshyampura, arrived at the informant's house. They all threatened the deceased to resile from her statement given to the police in the murder case of her husband otherwise it will not be in her interest, because police was chasing them. Deceased did not come in the threat and replied that she cannot amend her statement. At that moment Gyanu, Baljeet, Jaswant Singh, Rampal, Jai Pal and Tej Pal also arrived there. On refusal by Smt. Santo (deceased), appellant Dhanpal shot her dead in front of the present witnesses. Assailants thereafter escaped from the spot.
(3.) INFORMANT Anil Kumar P.W.1, dictated F.I.R., Exhibit Ka-2, regarding murder of his mother to Bharat Singh, who scribed it and then he carried it to the police station Khatoli, measuring a distance of 13 kilometres, and lodged it.;