- (1.) The two criminal appeals arise out of the Judgment of conviction dated 29.9.2003 passed by the learned IV Additional Sessions Judge,Bulandshahar jointly in Sessions Trials No. 884, 885, 886, 888, 889, 890, 891, 892, 893 and 894 all of year 2000 in which ten appellants were put on trial with others and were convicted of committing offences under Sections 148, 302/149, 307/149 and 323/149. Each of them, after being heard on sentence on the same day, was directed to suffer rigorous imprisonment for life,for seven years and for four months respectively under Sections 302/149, 307/149 and 323/149 I.P.C. Each of them was also directed to suffer rigorous imprisonment for one year for his conviction under Section 148 I.P.C. The sentences were directed to run concurrently. Nine appellants preferred criminal appeal no. 5009 of 2003 whereas appellant Sunder preferred separate appeal,i.e., Criminal Appeal No. 5615 of 2008. During the pendency of the present appeals, appellant no. 9 Chhotey Lal of Criminal Appeal No. 5009 of 2003 died and his appeal was abated leaving that particular appeal only on behalf of the eight appellants.
(2.) There were originally fourteen persons named in the F.I.R. which included, the personal security guard provided to appellant Ashok, who was not described by his name but was only described as a 'shadow' of appellant Ashok. After investigation the security guard provided to Ashok was not sent up and accused named in the F.I.R. namely Sunil and Raj Kumar were tried separately and acquitted. Out of the twelve persons put on trial together on the above batch of sessions trials, Rajveer died during trial leaving eleven accused persons on trial who were charged with committing offences under which they had been convicted, besides being charged under Section 17 Criminal Law Amendment Act for which offence all the convicted persons were found not guilty and were acquitted.
(3.) The prosecution story is contained in written report (Ex.Ka-1) of informant Jagvir Singh (P.W.1) who stated that on 26.3.2000 at about 9.30 a.m. his brother Tej Veer (deceased) and Bittu son of Devendra (another deceased) were irrigating the wheat field of the informant who was himself cutting his sugar cane plants in another field and the third deceased Udai Bhan was cutting jai (oat)plants in another field when the fourteen accused persons named in the F.I.R., included the nine appellants, came there armed with gun, rifle, country made pistol, lathi and Danda from the village-side, shouting that the Jats had earlier killed two of their men, as such, whoever of that particular community was found be killed. Hearing this deceased Udai Bhan who was cutting jai, ran towards Tejveer and Bittu. Appellant Ashok and his other companions ran following him and surrounded him in a field and shot him dead. The other two deceased Tejveer and Bittu ran towards Udai Bhan on which the accused persons stated that Tejveer and Bittu be also killed whereupon appellant Ashok and his companions ran towards Tejveer and Bitto and chased them also and after surrounding them in the field of one Suresh son of Surji Sharma shot at Tejveer and Bitto and killed them.;