- (1.) THIS appeal has been directed against the judgment and order dated 23-1-1980 passed by 8th Additional Sessions Judge, Bareilly in S. T. No. 26 of 1978 convicting the appellants Narain Singh under Sections 302 and 307 read with Section 34, I. P. C. and sentencing him to undergo imprisonment for life and R. I. for a period of three years respectively on each count, while convicting the appellants Pothi Ram, Ram Murti and Gokaran under Section 302 read with 34 and 307 read with Section 34 I. P. C. and sentencing each of them to under go imprisonment for life and R. I. for a period of three years respectively on each count.
(2.) THE prosecution story, briefly stated, was as under: All the appellants, Prem Pal Singh deceased and Rajendra Singh (P. W. 1) were residents of village Kanja Chakarpur, P. S. Bhuta, District Bareilly. Prem Pal Singh deceased and his brother Rajendra Singh (P. W. 1) had purchased house and land of Toti and Ati Ram Singh situated towards west of their residential house through a registered sale deed dated 15-2-1977. Appellant Narain Singh who was Pradhan of the village also wanted to purchase the above land. On account of purchasing the above land by Prem Pal Singh and Rajendra Singh (P. W. 1) he was bearing enmity with them and had threatened them time and again to leave the above land in his favour. On the morning of 28-3-1977 at about 10. 00 a. m. Prem Pal Singh deceased and Rajendra Singh (P. W. 1) were sitting on roof of their house alongwith Raghubir (P. W. 2) uncle-in-law of Rajendra Singh (P. W. 1 ). In the mean time appellants Pothi Ram armed with lathi and appellants Narain, Ram Murti and Gokaran armed with guns came on the kachcha road situated towards east of the house of Prem Pal Singh. Narain Singh told Prem Pal Singh deceased that he would teach him a lesson for purchasing the house. Hearing it Prem Pal Singh deceased stood up on the roof and started observing the appellants. Appellant Pothi Ram exhorted the other appellants to kill Prem Pal Singh. On his exhortation Prem Pal Singh started running towards room on the first floor. In the mean time Narain Singh fired from his gun on Prem Pal Singh, which hit on his back near buttock, due to which he fell down on the roof. Rajendra Singh (P. W. 1) and Raghubir Singh (P. W. 2) ran towards northern room. Thereafter, appellants Gokaran and Ram Murti also fired from their respective guns, the pellet of which hit Raghubir Singh (P. W. 2) on his left index finger. In the mean time Pyare Lal (P. W. 3) and Ram Pal also came to the spot who challenged the appellants and they ran away towards north. Rajendra Singh (P. W. 1) and Raghubir Singh (P. W. 2) were taking Prem Pal Singh to P. S. Fareedpur in a bullock cart. In the way Prem Pal Singh died. Taking dead body of Prem Pal Singh deceased, Rajendra Singh (P. W. 1) and Raghubir Singh (P. W. 2) came to P. S. Fareedpur where Rajendra Singh (P. W. 1) lodged oral report at 1. 45 p. m. Chik F. I. R. (Ext. Ka-2) was prepared by Head Constable Chatursen who made an endorsement of the same at G. D. report (Ext. Ka- 9) and registered a case under Sections 302 and 307 I. P. C. read with Section 34 I. P. C. against the appellants.
(3.) SINCE the case related to P. S. Bhoota papers were sent to the said police station. Raghubir Singh (P. W. 2) was medically examined on 28-3-1977 at 2. 45 p. m. by Dr. Y. K. Shukla (P. W. 7) at Primary Health Centre, Fareedpur. Inquest of the dead body of the Prem Pal deceased was conducted on 28-3-1977 by S. I. Veer Pal Singh (P. W. 5) at P. S. Fareedpur who prepared inquest report (Ext. Ka-4) and other relevant papers.;