M.CHAUDHARY, J. - (1.) This is an appeal from Judgment and order dated 21st of January 1981 passed by V Additional Sessions Judge, Etah in Sessions Trial No. 397 of 1979 State v. Udaivir Singh and others convicting the accused under Section 148, IPC and Section 302 read with Section 149, IPC and sentencing each of them to three years' rigorous imprisonment and imprisonment for life respectively thereunder.
(2.) Brief facts giving rise to this appeal are that in the forenoon of 5th of June 1974. Lekhraj, father of Ajay Pal was grazing his cattle in the lake near the field of one Murari Lal as there was vegetative growth in the lake and no water. At that time Ajay Pal was scraping grass in the field of Lallu abutting the field of Murari Lal and Ram Chandra. Neksu, Chandra Pal and Sukh Ram were also cutting grass in the vicinity. At about 10.00 a.m. that very forenoon Udaivir Singh Puttu and Hamir Singh armed with guns along with Dharam Pal and Udal with countrymade pistols and Bhikam and one another with lathis reached there and vituperated Lekhraj telling that he used to do 'pairvi' in the cases and now they would see him. Then Lekhraj screamed and hearing his squawk Ajay Pal, Chandra Pal, Sukh Ram, Ram Chandra and Neksu rushed to the field of Murari Lal and then the assailants threatened them that if they tried to come forward they would be shot dead. Immediately Hamir Singh, Udal, Puttu and Udaivir fired at Lekhraj and sustaining the fatal injuries Lekhraj died on the spot instantaneously. Then all the assailants fled away and suceeded in making their escape good.
(3.) Immediately Ajay Pal, son of the deceased got a report of the occurrence scribed mentioning therein that some nine months ago Saheb Singh, brother of Hamir Singh was murdered and a case was registered against his brother Hari Singh and uncle Kehari and that a criminal case against his uncle Anokhey was also launched at the instance of Hamir Singh and in both the cases his father Lekhraj used to do 'pairvi of his son Hari Singh and brothers Kehari and Anokhey and that on that very account Hamir Singh and his associates became inimical to Lekhraj. Thereafter Ajay Pal went to the police at the police station Soron situate at a distance of about five miles from the place of occurrence and handed over written report to the police there at about 3.00 p.m. that very day (Ext. Ka 2). The police registered a crime against the accused and made entry regarding registration of the crime in the general diary (Exts. ka 3 & ka 4).;