K.K.MISRA, J. - (1.) THE judgment impugned in this appeal is dated 8 -12 -1981 passed by Sri Manphool Singh, the then III Additional Sessions Judge, Hamirpur in Sessions Trial No. 201 of 1980. Five persons, namely, (i) Shyam, (ii) Gulab, (iii) Baladin, (iv) Suraj and (v) Hari Singh were booked for trial in the said case. Baladin died during the trial. The remaining four were convicted under Section 302 I.P.C. read with Section 149 I.P.C. and each sentenced to undergo life imprisonment for the murder of one Mansha. Shyam, Gulab and Suraj were also convicted under Section 148 I.P.C. and each sentenced to two years' rigorous imprisonment. Hari Singh was also convicted under Section 147 I.P.C. and sentenced to one years' rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) DURING the pendency of the appeal, Shyam and Gulab appellants died. The appeal in respect of Gulab was abated under order dated 3 -11 -2003 and in respect of Shyam under order dated 19 -2 -2004. Presently, the Court is concerned only with appellants Suraj and Hari Singh. Accused Gulab and Baladin were real brothers. The incident occurred on 29 -3 -1980 at about 10 a.m. in village Bira, P.S. Jariya, District Hamirpur, at a distance of about 4 -1/2 kms. from the police station. The F.I.R. was lodged the same day at 1.15 p.m. by Smt. Sirawan PW 1 wife of the deceased Mansha. The prosecution case, in broad essentials, was that Mansha deceased, his wife Smt. Sirawan PW 1 and minor daughter Dhanti PW 3 along with Chitwa Chamar were going to harvest Masur crop belonging to the deceased. When they were passing through a lane and came near the Gurwahi Bakhari of Tulsi Dass, Mansha was suddenly ambushed by the accused. Baladin had a gun Hari Singh was armed with lathi Shyam and Gulab had axes whereas Suraj had a pharsa. Baladin exhorted his companions to kill Mansha as he was not giving land of Shyam accused which belonged to his father -in -law Hira Lal. Baladin did nothing excepting exhorting his companions whereas the remaining four struck blows of their weapons on Mansha. Mansha, on receiving injuries, fell down. His wife, daughter and Chitwa shouted, raising alarm. The witnesses Swami Din PW 2, Lotan etc. were attracted to intervene and they challenged the assailants. After inflicting fatal blows of pharsa, axes and lathi on the deceased, the assailants made their escape good. After they left the scene of occurrence, three persons, namely, Lotan, Swami Din PW 2 and Chitwa Chamar bodily lifted Mansha from the ground for being taken to his house in the village which was situated at about one furlong. On being taken to his house, Mansha died at about 12 O' clock in the noon. His wife, Smt. Sirawan PW 1 got the report scribed by Dassi where after she (complainant) accompanied by other persons went to the police station where it was lodged and a case registered at 1.15 p.m. The investigation came to be entrusted to Shaukat Ali S.I. PW 5.
(3.) AS to the motive part, it was the dispute or litigation between Mansha and Shyam accused in respect of landed property belonging to Hira Lal (father -in -law of Shyam). Hira Lal had died about 3 or 4 years before this occurrence and his daughter Dassi with her husband Shyam accused had started living in her parents' village i.e., the village of incident for about a year before the occurrence. A litigation was going on between Shyam accused and Mansha in the consolidation Court at the time of incident. Baladin and his brother Gulab accused were also actively supporting Shyam accused in this litigation, while the other two, namely, Suraj and Hari Singh had also been doing pairvi for him. Mansha was the younger brother of Hira Lal and he was a hurdle in the way of the accused in usurping the land of Hira Lal (father -in -law of Shyam accused). The prosecution case was that Hira Lal being issueness had transferred his agricultural holding in the name of Mansha deceased to the exclusion of his son -in -law Shyam accused. It was also the prosecution case that Hira Lal had kept a lady who had brought Dassi with her and the marriage of Shyam with Dassi was performed. But for the transfer of his land, Hira Lal preferred his brother Mansha. The land of Hira Lal came to be mutated in the name of Mansha in the consolidation proceedings which resulted in the litigation between Mansha and Shyam. So, it was the background relating to motive.;