- (1.) THIS appeal, arising out of judgment dated 28.07.1982, has been preferred by the two appellants Ram Pratap and Kishuni, who are presently lodged in Naini jail, Allahabad by virtue of Court's order dated 08.05.2007. Inability of the two appellants to engage a counsel, had persuaded us to request Sri Ajay Kumar Pandey, advocate to assist us on behalf of the above appellants as Amicus Curie.
(2.) BY the impugned judgment, the above two appellants, alongwith appellants of Criminal Appeal No. 1913 of 1982, were found guilty of committing offence under Section 302/34 I.P.C. and each of the convicts was directed to suffer rigorous imprisonment for life. The two appellants of Criminal Appeal No. 1913 of 1982 died during the pendency of the appeal and their appeal abated. The appellants preferred the present appeal separately to challenge their conviction and sentence passed upon each of them.
(3.) THE facts of the case is contained in Ex.Ka. -3, which was presented by Ram Raj (P.W.1), who examined himself in the name of Raj during trial, in which he was stating that he alongwith his deceased brother Sawaniya and Mohan (P.W. -2), were coming from their fields after the works were over. When they had come to the orchard of one Moti Lodh, the four accused person emerged from behind the trees and came running to the informant and his companions and surrounded the deceased, Sawaniya. It was stated by the informant that deceased appellant Dhanai @ Dhanaiya remonstrated and ordered that the deceased should be killed and himself fired from his regular gun. The deceased appellant Harpal was also said to have fired from his country -made gun at the deceased. As a result of receiving the two shots as per the F.I.R., the deceased fell down on the ground and died there. After killing the deceased, the accused persons ran away towards west on account of the cries raised by the informant, which attracted witnesses. As regards the motive for commission of the offence, it was stated that one Nanku, who had some immovable properties in the village, was murdered by the appellant Dhanai @ Dhanaiya and a case was registered in respect of that murder which went to trial. It was stated that the deceased Sawaniya was making efforts on behalf of the widow of Nanku to prosecute the accused persons and after the death of Nanku his agricultural lands were being tilled by the informant and his deceased brother Sawaniya on share -cropping -basis. The two appellants Dhanai @ Dhanaiya and Harpal, as per allegation, were pressurising the deceased and the informant to give up the tilling of land and also to stop prosecuting them in the case which was in trial before any particular Court. The deceased was refusing to yield to the pressure of the accused persons and that had caused annoyance and that annoyance ultimately resulted in the present occurrence.;