Dharnidhar Jha, J. - (1.) THE present death reference alongwith three connected criminal appeals arise out of judgment dated 10.5.2007, passed by Fast Track Court -I, Hathras in Sessions Trial No. 977 of 1997, by which the two respondents and the appellants in the three connected appeals, were held guilty of committing offences under Sections 147, 148, 302/149, 323/149 and 307/149, I.P.C. While appellants Mahavir Singh and Jai Pal Singh were directed to be hanged by their necks till they were dead for their conviction under Section 302/149, I.P.C., they were also directed to suffer rigorous imprisonment for 2 years, 3 years, 1 year and 10 years, respectively for committing offences under Sections 147/148, 323/149 and 307/149, I.P.C respectively. The two appellants were also directed to pay fine of Rs. 5.000 each for their conviction under Section 307/149, I.P.C. The reference was made by the learned trial Judge for confirming the sentence of death under Section 366, Cr.P.C. and the same set of convicts, preferred their own appeal as may appear from Crl. Appeal No. 3447 of 2007. The solitary appellant of Crl. Appeal No. 3449 of 2007, namely, Lakhan Singh was also found guilty and convicted under Sections 147, 148, 323/149, 307/149 and 302/149, I.P.C and was directed to suffer rigorous imprisonment for 2 years, 3 years, I year, 10 years and for life respectively for his conviction under the above respective counts. Appellant -Lakhan Singh was also directed to pay a sum of Rs. 25,000 as fine and in default of the same, was directed to suffer rigorous imprisonment for 25 months. As regards the six appellants of Crl. Appeal No. 3450 of 2007, they were also convicted and sentenced equally, as was the order in respect of appellant -Lakhan Singh.
(2.) WE have heard the death reference and three connected appeals together and are disposing them of by this common judgment. Initially, there were ten accused persons named in the F.I.R., out of whom, three were described as 'Bhanjes' (sister's son) of appellant -Jai Pal Singh, out of whom, accused Jitendra @ Hitendra was adjudged juvenile and his case was sent for inquiry under the provisions of Juvenile Justice Act, leaving nine accused persons on trial.
(3.) THE prosecution story was contained in Ext. Ka -1, the written report filed by P.W. 1 Kumari Sunita. It was stated in it that a litigation in respect of the pathway and the gate was pending in some Court between the families of the informant and the accused persons. On 6.6.1993, at about 7.30 a.m., three appellants, namely, Jai Pal Singh, Jitendra @ Hitendra (adjudged juvenile) and Lakhmi started demolishing the gate of the informant and simultaneously other appellants, i.e., Mahavir Singh, Bachchu Singh, Raj Kumar, Hakoo and the three Bhanjas (nephews) of Jai Pal Singh started fixing a 'darwaja' towards the gate of the informant. The uncle of the informant, namely, Madhav Singh (deceased), her father Dhuri Singh (deceased), her grand -father Mehtab Singh (injured and not examined) and her brother Vinod Kumar (deceased) forbade the above named appellants to fix the gate and affixing a 'darwaja' over there. All of them started hurling abuses, which was objected to by the prosecution party upon which Jai Pal Singh and others stated that the prosecution party would see the result of objection being raised by them. It was stated that appellant -Jai Pal Singh went back to his house and came back with appellant -Mahavir Singh and one of the 'bhanjas' of Jai Pal Singh, namely, Fauzi (who has been subsequently described as Lakhan Singh), both of whom were armed with guns. Bachchu Singh, Lakhan Singh, Raj Kumar, Jitendra @ Hitendra, Hakoo and two other 'bhanjas' of Jai Pal Singh, were all armed with country -made pistols. As soon as they came, Jai Pal Singh, Mahavir Singh, Jitendra Singh and Fauzi fired shots while other appellants started brick -batting. The informant alleged that the shot fired by Fauzi, hit her brother Vinod Kumar. Her grand -father Mehtab Singh and her aunt Nirmala Devi (both not examined), also received injuries from shots fired by Fauzi. The informant stated that she herself alongwith her uncle -Madhav Singh (deceased), father -Dhuri Singh (deceased), mother -Premwati, Bhabhi -Ramwati, sister -Rajbala ran up the stairs and went onto the roof -top and started brick -batting in self -defence, when appellants -Mahavir Singh. Lakhmi Singh, Bachchu, Jitendra @ Hitendra (juvenile accused), Hakoo and bhanja of Jai Pal Singh, namely. Fauzi, came on to the roof -top of informant's house via their own house -top. Rest of the accused persons kept surrounding the house of the informant and also kept the villagers away by threatening them. Accused persons who had reached at the top of the house, started firing shots at the informant and others and also threw bricks. The informant made specific allegations and she stated that the shot fired by appellant -Mahavir Singh hit deceased Madhav Singh and that fired by Fauzi, hit Dhuri Singh, the father of the informant. Shots fired by others and the brick -batting by accused persons, caused injuries to the informant, Premwati (P.W. 1), Ramwati (P.W. 2) (not examined) and Rajbala (not examined). A co -villager Padmawati was also hit by pellets fired by the accused and she also got injured.;