Imtiyaz Murtaza, J. - (1.) The above appeals are preferred against the judgment and order dated 31.3.2004 whereby the appellants, Manoj, Sonu, Umesh, Tej Pal and Narendra have been convicted under Section 302/149 I.P.C. and sentenced to death, under Section 148 I.P.C. sentenced to undergo R.I. for three years and under Section 452 I.P.C. sentenced to undergo R.I. for five years and a fine of Rs. 3000/-, in default of payment of fine R.I. for three months. Appellants Manoj Sonu and Umesh are further convicted under Section 25 Arms Act and sentenced to undergo imprisonment for two years. Appellants Dinesh and Shiv Pal are convicted under Section 302/120-B I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/- each, in default of payment of fine R.I. for one year. Other appellants are further convicted under Section 302/120-B I.P.C. but no separate sentence has been passed. All the sentences were ordered to run concurrently.
(2.) Criminal reference is for confirmation of death sentence of Manoj, Sonu, Umesh, Tej Pal and Narendra.
(3.) The brief facts of the case, mentioned in the report lodged by Pushplata alias Guddy, are that there was dispute between her husband Dr. Rajveer Singh and brother-in-law Rajpal Singh with regard to a land and litigation was pending in the court. On account of this enmity, on 3.6.2001 at about 7 A.M., Manoj Sonu alias Ajay armed with country made pistols, Umesh resident of Sarsawan, Sunil resident of Haryana armed with country made pistols, Tej Pal, brother-in-law of Sonu, Narendra son-in-law of Rajpal Singh armed with knives, came to her house. Her husband, sons Manish and Ashish, who were on the ground floor of the house were killed by the fire arms and knives and her brother Vinod, who was sleeping on the first floor, was also killed by the fire arms and knives/ Several persons, who heard the firing, namely, Ram Lal, Ram Singh and others reached there and witnessed the occurrence. She, alongwith her mother and brother Amit, also witnessed the occurrence, The accused persons had also tried to kill them, but she and her mother and brother entered in a room and saved themselves. They also tried to break open the door but due to pressure of the public they could not do so. The assailants brandishing and firing country made pistols threatened the witnesses and on account of these killing there was terror in the village. She further alleged that in the murder of her family, Rajpal Singh, his son-in-law Shiv Pal Singh and his brother in-law Dinesh had conspired. The report was registered at the police station Deoband, Saharanpur, Inspector Amrit Lal started investigation of the case. He reached at the place of occurrence and instructed S.I. Azad Singh Chauhan to prepare the inquest memos. He prepared the site plan (Ext. Ka-6) and recorded the statement of informant Pushplata, witnesses Amit Kumar, Anar Devi and Ram Singh. S.I. Azad Singh Chauhar collected the blood stained and plain cement, empty cartridges, blood stained and plain earth, bed sheet and prepared the recovery memos.;