R.P.YADAV, J. - (1.) THIS criminal appeal is directed against the judgment and order dated 9 -9 -1985, passed by V Additional Sessions Judge, Moradabad in S.T. No. 622 of 1983 convicting the appellant Kirpal Singh under Section 302 IPC and appellant Vijay Pal Singh and Kalloo Singh under Section 302 read with Section 34 IPC and sentencing each of them to imprisonment for life. Learned Sessions Judge has further convicted appellant Vijay Pal Singh under Section 323 IPC and sentenced him to six months R.I. The sentences have been directed to run concurrently.
(2.) APPELLANT Kalloo Singh died during the pendency of the appeal and so his appeal has abated. Complainant, Smt. Jishna (PW 1) is widow of Ram Kumar Singh (deceased), who was murdered in this incident on 30 -5 -1983. There were four accused, namely, Kalloo Singh and his three sons, Kirpal Singh, Vijay Pal Singh and Devendra Kumar. One of the four accused, namely, Devendra Kumar was acquitted by the learned Sessions Judge, os this appeal was preferred by three convicted accused appellants and out of them, one died during pendency of the appeal only two appellants are left now who have pressed this appeal.
(3.) THE complainant, Smt. Jishna PW 1 as well as all four accused are resident of village Dudaila, which lies at a distance of five kilometres from outpost Kanth within the circle of Police Station Chhajlet, District Moradabad. They belong to same caste.;