A.S.Tripathi. J. - (1.) THESE two appeals arise out of the same judgment and order dated 31-10-1979 and connected with each other. They are being disposed of by a common judgment.
(2.) THE two appeals have been preferred against judgment and order dated 31-10-1979 passed by Sri P. C. Jain, the then 1st Addl. Sessions Judge, Shahjahanpur, whereby appellant Prempal Singh was convicted under section 302, IPC and was sentenced to imprisonment for life. Appellant, Rajveer Singh was convicted under section 302 read with section 109 IPC and has also been sentenced to undergo imprisonment for life. Appellant, Rajveei Singh was further sentenced to undergo two years rigorous imprisonment under section 224 IPC. The appellants. Brijpal Singh, Deshraj Singh and Amar Singh and Phool Singh were convicted under section 225 IPC and were sentenced to undergo 3-1/2 years rigorous imprisonment. The complainant and accused-appellants belong to same village Kadrabad police station Paraur district Shahjahanpur. The appellants, Brijpal Singh, Deshraj Singh and Amar Singh are real brothers. Appellant, Rajveer Singh and Phool Singh are also real brothers. Appellants, Prempal Singh Is the son of appellant, Brijpal Singh
(3.) REPORTER, Suresh Chandra is nephew of deceased, Shanti Swarup. The house of deceased and the appellants are in the same village at a distance of 15 to 16 paces. The allegations made in the FIR. Ex. ka 1, are that Shanti Swarup, deceased, was uncle of the reporter, Suresh Chandra. It is alleged that about 1 1/2 years before this occurrence appellant, Prempal Singh had given a knife blow to Shanti Swarup for which a case was pending. About 15 and 16 days earlier to this incident some body had knocked the door of Rajpal, Bhangi in the same village at odd hours in the night. The wife of Rajpal raised alaram whereupon Shanti Swarup climbed on the roof and fired his gun. Thereupon Brijpal Singh had some exchange of words with Shanti Swarup On account of these previous incidents there was enmity between the parties. On 23-9-1978 at about 4 P.M. the reporter, Suresh Chandra was sitting on the shop of Kanehan in the same village for purchasing some articles. The shopkeeper owns weighing manure for Bhika in and Dori, farmers Outside the shop below the but Shanti Swarup. deceased, ana Pjoran son of Lallo and Sachidanand village Diheria were sitting talking each other. At that time appellants, Prempal and Rajveer Singh came there from western side and reached near the door of Lakhan Then Rajveer Singh extorted Prempal Shigh to kill Shanti Swarup Shanti Swarup got up from the cot and tried to run, but in the meantime appelant, Prempal started firing from his country made pistol at Shanti Swarup. Shanti Swarup ran towards south in the lane and appellants, Prempal Singh and Rajveer Singh chased him The reporter, Suresh Chandra Singh and Rajveer Singh chase him. The reporter, Suresh Chandra. raised alarm and ran towards his uncle, Shanti Swarup. PW 4, Fauzdar and Sambal were consuming tobacco nearby and they chased the appellants. When Shanti Swamp reached near the house of Sri Krishna, he fell down. Shri Krishna came out and gave a lathi blow the Rajveer and, Fauzdar caught hold of the appellant, Rajveer Singh. Prempal Singh managed to run away. It is further alleged that hearing the news of arrest of Rajveer Singh on the spot remaining appellants, Brijpal Singh armed with a revolver, Deshraj Singh and Phool Singh armed with guns and Amar Singh armed with spear came on the spot and challenged for the release of Rajveer Singh and threatened otherwise to fire upon the witnesses. Thereupon the witnesses let loose Rajveer Singh, whereupon Rajveer Singh left his lathi there and ran sway. Shanti Swarup on account of injury fell down and died.;