G.P.MATHUR, J. - (1.) THIS appeal has been preferred by four appellants, namely, Devi Singh, Virendra Singh, Dalvir Singh and Mahabir, against their conviction under sections 302, 342 and 323 IPC read with section 34 IPC and sentence of imprisonment for life, six months and six months R.I. respectively imposed by the 4th Additional Sessions Judge, Aligarh, by his judgment and order dated March 20, 1978.
(2.) THE investigation in this case commenced on the basis of a written First Information Report which was lodged by Mahabir (appellant) at 00.30 hrs. on 28.9.1977 at P.S. Sikandirarao under sections 395, 397 and 342 IPC on the basis of which a case was registered as crime No. 279. The case was subsequently convened under Section 302 IPC and Mahabir aforesaid and three others were charge -sheeted for having committed the offence of murder and wrongful confirment. Virendra Singh and Dalvir Singh accused are real brothers being sons of Lakhan: Devi Singh accused is sister's son of Lakhan, Mahabir accused is the daughter's son of the sister of Lakhan's father. The prosecution case as unfolded in the statement of P.W. 1 Gyan Singh is as follows:
(3.) ACCUSED Virendra Singh and Dalbir Singh are residents of village Fatelipur (hamlet Gandesari). There was some land of Lakhan's father's sister in this village. Accused Mahabir was also living in the same village and was looking after the land of his maternal grand -mother. Ranvir Singh deceased belonged to village Bhaismai. Bhaismai and Fatelipur villages are situate at a distance of one furlong. The chak (agricultural land) of Ranvir deceased is situate at a distance of three bighas from the house of Gyan Singh. At about 9.30 PM on the date of incident Ranvir was going by the side of his chak when Megh Singh son of Ram Singh called him to his chabutara. Gyan Singh also wentthere and sat on the same chabutara, Megh Singh asked Ranvir Singh to settle the transaction regarding sale of Gyan Singh's house to him, while the talks were going on the four accused out of whom Devi Singh was armed with spear, Virendra Singh was armed with knife and Dalvir Singh and Mahabir armed with lathis, arrived there. All the four accused started assaulting Ranvir Singh. Gyan Singh raised an alarm on which he was also given 2 -3 lathi blows on which he ran away from there towards his house. The accused lifted Ranvir Singh and took him to their own house. After sometime sound of gun fire was heard from the house of Lakhan Singh. Gyan Singh thought of giving information at the house of Ranivir Singh and while he was proceeding towards Bhaismai he met Surajpal Singh, a retire S.I., and some others. These people caught hold of him and took him to the house or Surajpal. After sometime they took Gyan Singh to the house of Lakhan. At that time outer door of Lakhan 's house was closed and five -six persons were sitting at the gate of the house. Surajpal then got the gate opened and Gyan Singh was brought inside the house of Lakhan and thereafter the gate was closed. The dead body of Ranvir Singh was lying in the court -yard of Lakhan. Thereafter Surajpal got two cartridges placed in the pocket of Kurta of Ranvir Singh and country -made pistol was placed below his hand. Surajpal, Rajendra and all the four accused talked inside a room in the house for sometime and thereafter a report was written by Rajendra Singh in the manner suggested by Surajpal. Dalvir and others then proceeded to the police station for lodging the report. The S.O. and other police personnel of P.S. Sikendararao arrived at the spot at about 4.30 on the following morning. Surajpal had obtained clothes of some ladies and some dry leave were also set on fire near a wall on his instruction. Some blood had fallen at the Chabutara where Ranvir had been initially assaulted.;