K.Narayan, J. - (1.) THESE are two appeals directed against the conviction and sentence rendered by Illrd Additional District and Sessions Judge, Budaun In S. T. No. 167 of 1978. By judgment dated 20-2-1979, Appellants-Ragghu, Jaggu, Dharam Singh, Jaipal, Shree Pal. Gajju, Ram Charan, Atar Singh and Shiam Pal were all convicted and sentenced to life imprisonment under section 302/149 IPC and to 7 years R. I. under section 307/149 IPC. Accused Ragghu, Dharam Singh, Atar Singh and Shiam Pal were further convicted under section 143 IPC and sentenced to undergo R. I for two years each and the remaining accused, namely. Jaggu, Jaipal, Shree Pal, Gajju & Ram Charan were he'd guilty under section 147 IPC and sentenced to one year R. I each. The sentences were made concurrent. Aggrieved by their conviction and sentence both, they have come up in appeal.
(2.) THE charges under the above sections related to an occurrence of about 8.30 a.m. on 11-10-1977 wherein two persons, namely, Ram Swarup and his son Girwar were murdered and Smt. Long shri, wife of Ram Swarup and mother of Girwar was injured. THE occurrence was said to be In two parts, i.e., first near the Persian wheel where Ram Swarup, Smt. Longshri and their son Rishipal were irrigating their fields. From there the same accused persons are said to have chased Rishipal after killing Ram Swarup and at a different place, towards north-east of his house, Girwar was done to death in another field. An FIR of this occurrence is said to have been lodged at P. S. Hajratpur, the distance of about 11 K. M., at 12.15 P.M. the same day. All the accused appellants were named therein. After necessary investigation which shall be considered in detail, a chargesheet was submitted and lateron the accused persons were tried with the result mentioned above. Before proceedings with the material facts relating to the present occurrence itself, a little earlier history, which has been relied upon as a motive for the murder, may be narrated. Accused Jaggu, & Ragghu are real brothers and Dharam Singh is the son of their third brother, namely, Anokhey. One more person, namely, Sipittar, who was also named in the FIR but died before the frame of charges, was said to be their agnate, if not a close cousin. Accused Jai Pal and Shreepal were also said to be agnates of Jaggu and Ragghu. The other accused Ram Charan, Atar Singh, Shiam Pal Singh and Gajju came from different villages and no specific allegation of motive was forthcoming. We are alive to the principle that motive is not always a material piece of evidence but since in this case, want of it in the matter of Ram Charan, Atar Singh. Shiam Pal Singh and Gajju has been relied upon by the appellants, it has to be mentioned here and be taken up in detail below.
(3.) THE facts constituting the motive are also multifaced in this case. Apart from other evidence, it can be said that there have been a lot of bad blood between the two families, that is, of accused appellants Ragghu, Jaggu and others on one hand and Ram Swarup deceased in this case on the other. An FIR was lodged on 24-4-1974 by one constable Ram Swarup conveying that Km. Omana daughter of Ram Swarup was attempted for murder or assault by Jaggu and three others, who are not accused here. Soon after it, on 24-4-1974. Ram Swarup deceased had lodged another FIR against Sipittar, since dead, and Jaggu accused along with two others, who are not accused here. This was an FIR under section 302 IPC and Budhpal, a son of Ram Swarup. had been murdered. It was shown in evidence that Jaggu and others were convicted for this murder of Budhpal and were on bial during the pendency of the appeal at the time of the occurrence of October, 1977. This FIR of 28-4-1974 also conveyed that one Jwala, a nephew of Ram Swarup, had been murdered eariler by Jaggu, Sipittar and others, for which Jaggu was sentenced to death, which was commuted by the President of India to life imprisonment and they were released after some imprisonment. THE reasons for this sort of behaviour have not been shown even in evidence and unfortunately or may be in better wisdom defence has also remained silent in this behalf both during the cross-examination as well as in their statements. Be it whatever It may, one aspect is quite clear that the family of Ram Swarup deceased and descendants of Pemi father of Jaggu are not happy with each other. The occurrence in question is said to be in the form that Ram Swarup, Smt. Longshri wife of Ram Swarup and their son Rishipal were irrigating their fields from the persian wheel of Malkhan when at about 8.30 a.m. Jaggu armed with Bbala, his brother Ragghu armed with Ballam, nephew Dharam Singh armed with Bhala and Sipitter. Jai Pal Shree Pal armed with cudgels, Atar Singh, and Shiam Pal Singh armed with guns and one Gajju and Ram Charan armed with Lathis arrived there. Jaggu exhorted in the form 'he is a great litigant and the sale should be put to an end today' they all surrounded Ram Swarup and began to injure him with their Bhala, Bullams, and Lathis. Smt LoDgshri rushed to save her husband, whereupon she was also injured. Rishi Pal also attempted to go towards his father but before that he was challenged and decided to run way. At that time, Bishambar, Anek Pal and others also arrived there and the witnessed the occurrence. Rishipal rushed towards home and was chased by the accused persons. Another brother of Rishi Pal, namely, Girwar was outside the house and be was also challenged by the accused persons, whereupon he too attempted to run away He was, however, caught near the field of Lahi and was injured with Lathis Bhalas and Ballams. This part of the occurrence was seen by Anek Pal, Sher Pal, and several others- The accused persons after causing death and injuries left the place.;