K. N. Ojha, J. - (1.) -Both these connected appeals have been preferred by Pratap, Dina Nath and Suresh against order of conviction and sentence dated 22nd May, 1981, passed by learned VIIth Additional Sessions Judge, Mainpuri, in S.T. No. 552 of 1979, State v. Pratap and S.T. No. 143 of 1979, State v. Dina Nath and Suresh, by which these appellants have been held guilty for committing the offence under Section 302 read with Section 34, I.P.C. and each of them has been sentenced to undergo life imprisonment.
(2.) SINCE both the Sessions Trials arose from the same crime and were decided by a common judgment by learned Additional Sessions Judge, Mainpuri, these appeals also are being disposed of by a common judgment. We have heard Sri Ravindra Singh, advocate for appellant, learned Additional Government Advocate, and have gone through the record. According to prosecution, one Shiv Mangal Singh lodged F.I.R. against Pratap, Dina Nath and Suresh on 7.1.1979 at 7.15 a.m. at police station Kurra, district Mainpuri under Section 302, I.P.C. that all these three appellants in furtherance of their common intention committed murder of his son Chandra Pal on 6.1.1979 at 9.30 p.m. at village Ropan Hamlet of Rajpur where parties live and which is at a distance of 6 miles from police station.
(3.) IT was alleged that complainant Shiv Mangal Singh is the resident of village Ropan Hamlet of Rajpur. His mother had given three bighas land to Lala Ram on the condition that he would cultivate her land till he lives in the village, and would hand over the possession of the land whenever he leaves the village. Dina Nath appellant, son of Lala Ram, got his name entered in the column of adhivasi in revenue records 13 or 14 years after the land was given in possession of Lala Ram. Shiv Mangal Singh and his son Chandra Pal got the name of Dina Nath removed from the revenue record, therefore, Dina Nath and his brother Suresh started to nurse bad blood against them. On 6.1.1979, his son Chandra Pal had gone to Mainpuri. He had come to the village by last train. He had brought tobacco of one Thakuri of the same village. On 6.1.1979, at about 9.30 p.m. when he had gone to give tobacco to Thakuri, Shiv Mangal Singh, Netra Pal Singh, Ram Naresh Singh and Ram Singh, who are the residents of the same village, were sitting warning on fire, shrieks of Chandra Pal were heard by them, who was raising alarm, "bachao, bachao". These persons ran to the spot flashing their torches and saw that Dina Nath and Suresh were causing injuries with kanta and knife near the house of Shiv Baran Pasi and Pratap, brother-in-law (sala) of Suresh, caused firearm injuries with country made pistol to Chandra Pal and all these three appellants ran away but they were seen in the light of torches and moon while running away. Chandra Pal met his instantaneous death at the spot but being night and due to fear of appellants, Shiv Mangal Singh could not proceed to the police station. He, therefore, lodged F.I.R. in the morning at the police station. Investigation was done by P.W. 3 S.I. Rajpal Singh, who prepared inquest report, recovery memo of bloodstained and plain earth, site plan, recorded the statement of witnesses Shiv Mangal Singh and other eye-witnesses, arrested Dina Nath and Suresh on 8.1.1979 and submitted charge-sheet against Dina Nath and Suresh on 17.2.1979. Later on S.I. Ram Lal submitted charge-sheet against Pratap. After the case of these three accused were committed to the Court of Session, they faced trial and orders of conviction and sentence were passed against them as mentioned above.;