- (1.) M. C. Jain, J. The accused-appellants are five in number, namely, Anokhey Lal, Naresh, Khushali Ram, Ram Bhajan and Rameshwar Dayal. They have come up in appeal against judgment and order dated 13- 10-1981 passed by Sri V. S. Agrawal, III Additional Sessions Judge, Pilibhit in S. T. No. 194 of 1980. Each of them has been convicted under Section 302 I. P. C. read with Section 149 I. P. C. and under Section 323 I. P. C. read with Section 149 I. P. C. For the former offence, life imprisonment has been awarded to each of them whereas for the latter the sentence is of one year's rigorous imprisonment. Besides, Anokhey Lal and Naresh have been convicted under Section 147 I. P. C. with sentence of one year's rigorous imprisonment and the remaining three have been convicted under Section 148 I. P. C. with sentence of one year's rigorous imprisonment. The sentences have been ordered to run concurrently.
(2.) ANOKHEY Lal is the uncle of Naresh, Khushali Ram and Ram Bhajan who are real brothers. Rameshwar Dayal is said to be their neighbour and associate. The incident took place on 3-3-1980 at about 8. 00 a. m. in village Sondha Gauntia, Police Station Bisalpur, District Pilibhit and the report was lodged the same day at 12. 30 p. m. by an eye-witness Mathura Prasad PW 1. The distance of the Police Station from the place of occurrence was about 7 miles. The background was that on 22-2-1980, there had been a quarrel between Mathura Prasad PW 1 on the one hand and Anokhey, Ram Bhajan, Bachchoo Singh and Ram Singh on the other over the issue of irrigation of the field of Mathura Prasad by canal water. Anokhey Lal, Ram Bhajan, Bachchoo Singh and Ram Singh stopped him from doing so. Mathura Prasad lodged a report in this behalf. It was the cause of the animosity between them. On the fateful day, Ganga Ram and Nanhakoo, accompanied by their nephew Mathura Prasad PW 1, went to attend the call of nature outside the village. When they reached near the field of Shanker Lal, accused-appellants emerged from the wheat field of Shanker Lal, Khushali Ram and Ram Bhajan were armed with spears whereas Rameshwar Dayal had a country-made pistol. The remaining two Anokhey Lal and Naresh were armed with lathis. They held out that they would not leave them alive and started assaulting Ganga Ram and Nanhakoo. Rameshwar Dayal also opened fire from his pistol. The victims cried attracting Shanker Lal, Pothi Ram and Umrai Lal. Some lathi blows were given to Mathura Prasad also. Nanhakoo died at the spot and Ganga Ram breathed his last while on way to hospital. The accused- appellants fled away after committing this crime. Mathura Prasad PW 1 scribed the F. I. R. in the hospital and leaving the dead-body of Ganga Ram there, he went to the Police Station and lodged it there at 12. 30 p. m. Head Constable Rajesh Singh PW 3 recorded the F. I. R. and registered a case on the basis of the same.
(3.) S. I. Jaibir Singh PW 4 went to the PHC Bisalpur and prepared the inquest report of the dead-body of Ganga Ram. After completion of formalities, the dead-body was sealed and sent for post-mortem. Then he reached the village of the incident with S. I. Ram Lakhan Singh PW 7 and prepared the inquest report as also necessary papers relating to the dead body of Nanhakoo. His dead-body was also sealed and sent for post-mortem. The witnesses were interrogated by S. I. Ram Lakhan Singh. Blood stained and simple earth was collected from the spot. Site-plan was prepared. A live cartridge was also recovered from the field of Shanker Lal place of the incident. Ultimately, the charge-sheet was submitted. It would be appropriate to set out here the outcome of the injury report of Mathura Prasad and of the autopsy of the two deceased. Mathura Prasad was medically examined on 3-3-1980 by Dr. Mahesh Kumar Arya PW 5. Two blunt weapon injuries were found on his person.;