G.P.Srivastava, J. - (1.) This appeal by appellants Dhanna @, Dharmendra and Bittu @ Sudhir is directed against the judgment and sentence dated 9.2.05 passed by Addl. Sessions Judge (Fast Track Court No. 2), Muzaffar Nagar in S.T. No. 1403 of 1999 State v. Dhanna @ Dharmendra and Ors. S.T. No. 27 of 2000 State v. Naresh Kumar, S.T. No. 922 of 2000 State v. Dhanna @ Dharmendra and S.T. No. 921 of 2000 State v. Bittu @ Sudhir whereby the learned Add. Sessions Judge has acquitted the appellants from offence Under Section 307 read with 34 I.P.C. and Section 25 Arms Act and convicted them for the offence Under Section 302 read with 34 I.P.C. and sentenced them to death. A reference for confirmation of the sentence was also received which has been connected with this appeal.
(2.) The prosecution case in brief is that the complainant Ramesh Chandra is resident of village Dera Jainpur police station Jhinjhana district Muzaffar Nagar. The accused Dhanna @ Dharmendra has a field adjoining to the field of one Ram Kishan uncle of the complainant. On 18.7.1999 at about 5.45 P.M. the complainant, his uncle Ram Kishan, Ratan Singh, Karam Singh @ Karma, Subhash and Arjun were planting paddy in the said field of Ram Kishan. In the mean time" accused appellant Dhanna, Bittu, Sikndar a servant of Bittu and one unknown person all armed with country made pistols reached there. The name of unknown person was revealed later on as Naresh Kumar. The aforesaid accused persons abused the complainant and others and told that they had demolished their mend. The complainant denied and told that if they wish they can get the land measured by calling Patwari. There upon the accused Dhanna, Bittu, Sikandar and Naresh Kumar fired upon the complainant and others with intention to kill them which caused fatal injuries to Ram Kishan and Ratan Singh who died on the spot. Deceased Karam Singh received grievous injuries who died subsequently at Shamli hospital due to the injuries. On hearing the sound of fire one Sahendra, Tejpal and a number of village people reached there. All the aforesaid accused persons were able to.escape. The complainant carried the injured Karam Singh @ Karma to Shamli hospital where he was declared dead, It is pertinent to note that it was introduced subsequently that Smt. Krishna mother of appellants Dhanna and Bittu told them to kill the deceased Ram Kishan and others. The occurrence has taken place due to the said criminal conspiracy.
(3.) The complainant Ramesh Chandra submitted written report Ext. Ka-1 at police station Jhinjhana on 3.8.1999 at 18.40 P.M. A chick F.I.R. Ext. Ka-31 was prepared on the basis of the written report. During investigation the Investigating Officer prepared site plan Ext. Ka-6 and Ka-26. Inquest report of the dead body of Ram Kishan, Ratan Singh and Karam Singh are Exts. Ka-7, Ka-8 and Ka-20 respectively. The Investigating Officer picked up, empty cartridges, blood stained and plain earth from the place of occurrence and prepared their memo.;