- (1.) Present criminal appeal is directed against the judgement and order dated 21st June, 1988 passed by Shri P.C. Mathur, III Additional District & Sessions Judge, Aligarh holding appellants; Ganga Singh s/o Moti Singh, Jagpal Singh s/o Moti Singh, Satyaveer Singh s/o Ram Sarup and Ramveer s/o Bhagwan Sahai, guilty under Section 302 I.P.C. read with Section 34 I.P.C. and awarding life imprisonment.
(2.) The factual matrix of the case as has been indicated by complainant in the First Information Report is to the effect that on 11.10.1985 at about 4 pm informant Jaswant Singh along with Sheoraj Singh s/o Soran Singh, Mahaveer Singh s/o Chidda, Lakkha Singh s/o Moti Singh and Surendra Pal Singh s/o Sonpal Singh and his son Ravindra and Bijendra Singh s/o Sonpal Singh was returning back from Aligarh towards their village and the two boys Ravindra Singh and Bijendra Singh were walking half furlong ahead and the moment both the said incumbents reached one furlong away from the Sumerpur bridge then from patel bushes Ganga Singh s/o Moti Singh, Jagpal Singh s/o Moti Singh, Satyaveer Singh s/o Ram Sarup and Ramveer s/o Bhagwan Sahai, all belonging to his village came out and at the said point of time Ganga Singh s/o Moti Singh was armed with country made pistol and Jagpal Singh, Satyaveer Singh and Ramveer were armed with knives and they surrounded Ravinder and Brijendra and Ganga Singh opened fire that hit Bijendra Singh and on voices being raised by them, the informant and others rushed to save them then they were threatened by Ganga Singh and fire was opened by him and on account of this they did not proceed ahead and continued to raise their voice and the accused-assailants caused various knife injuries that has been witnessed by them and after all these accused persons thinking that both are dead ran away from the spot and thereafter for medical treatment by bhainsa buggi of Surendra Singh the injured were sent to Malkhan Singh Hospital and the informant Jaswant Singh came to lodge First Information Report at Police Station.
(3.) The informant has also come up with the case that on the spot he has found a knife lying left by assailants and the said knife in question was handed over to the police and the fard of the same was prepared at the Police Station itself.;