M. C. Jain, J. - (1.) EIGHT appellants, namely, (1) Fateh Singh, (2) Ram Chander, (3) Brahma, (4) Satvir, (5) Ram Saran, (6) Harbir, (7) Pratap and (8) Genda have preferred this appeal against the judgment and order dated 5.12.1979 passed by Sri S. P. Agarwal, the then VIth Additional Sessions Judge, Meerut in Sessions Trial No. 70 of 1978. All the appellants have been convicted under Section 302 read with Section 149, I.P.C. and sentenced to life imprisonment. The appellants Ram Saran, Satbir and Harvir have further been convicted under Section 148, I.P.C. and sentenced to two years' rigorous imprisonment. The accused appellants Fateh Singh, Genda, Pratap, Brahma and Ram Chander have also been convicted under Section 147, I.P.C. and sentenced to one year's rigorous imprisonment. All the sentences have been ordered to run concurrently.
(2.) OUT of the eight appellants, appellant No. 1 Fateh Singh is reported to be dead as per report of the Chief Judicial Magistrate, Meerut, dated 17.11.1997. The appeal, therefore, has abated so far as he is concerned and presently the Court is concerned with the remaining seven appellants. The murder of one Hari Dutt Singh is involved in this case which was allegedly committed by all the eight appellants on 31.10.1977 at about 4 p.m. in the jungle of village Ahmadpuri, P.S. Parikshatgarh, District Meerut. The report was lodged the same day by Mahendra Singh P.W. 1 (son of the deceased) an eye-witness at 5.30 p.m. The distance of the police station from the place of occurrence was 4 miles. All the appellants were named in the F.I.R. as the culprits. The parties are interrelated. The deceased Hari Dutt Singh had two brothers Kaley and Shiv Charan. Appellant Ram Saran is the son of Kaley whereas appellant Harbir is the son of Ram Saran. Appellants Ram Chander and Brahma are brothers being the sons of Shiv Charan and Satbir is the son of Ram Chander. Appellant Pratap being the resident of another village Khirkee, P.S. Mawana, is the brother-in-law (sala) of Ram Chander. Appellant Genda, being the resident of village Nawal, P.S. Kithor happens to be the samdhi of Ram Saran. Fateh Singh appellant is the khandani uncle of Mahendra Singh P.W. 1.
(3.) THE background of the incident was rooted in the murder of Mahabir son of Ram Saran in 1976. For that murder, Hari Dutt Singh deceased and his son Mahendra Singh P.W. 1 were facing trial when the incident took place. There was a criminal case under Section 420, I.P.C. filed by one Smt. Sammo which was pending against Hari Dutt Singh deceased and his son Mahendra Singh P.W. 1 in the Court of a Magistrate at Meerut and the fateful day (31.10.1977) was the date fixed in that case. Hari Dutt Singh deceased and Mahendra Singh P.W. 1 had come to attend the proceedings of that case but that was adjourned at about 12 O'clock in the noon with the result that Hari Dutt Singh deceased and his son Mahendra Singh P.W. 1 had returned by bus. After getting down at Parikshatgarh, they started for their village Ahmadpuri on foot. At about 4 p.m . both of them reached on the road running in between the fields of Balley and Muley. Mahendra Singh P.W. 1 was about 20 paces ahead of his father. All the appellants came out from the sugar cane field of Balley and grappling with Hari Dutt Singh downed him. Satvir, Ram Saran and Harbir were armed with knives with which they inflicted knife injuries on Hari Dutt Singh at the instigation of the appellant Ram Chander that the murder of Mahabir be avenged by cutting short the life of Hari Dutt Singh. On shouts being raised by Mahendra Singh P.W. 1, witnesses Bakhtawar Singh P.W. 2, Ganga Saran P.W. 3, Gajraj, etc., were attracted to the place of occurrence who also raised alarm. The appellants then escaped in the field of Balley after murdering Hari Dutt Singh. Mahendra Singh P.W. 1 got scribed the report by Jasbir Singh and took the same to the police station where it was lodged resulting in the registering of the case and investigation thereafter. The instigation was taken up by A.S.I. Satpal Singh P.W. 6 and was thereafter by S.O. Brijendra Singh Chahar P.W. 7.;