Vinod Prasad, J. - (1.) The three siblings Sant Pal, Budh Pal and Suresh Pal, all sons of Ram Lal, have challenged their conviction and sentences, under section 302 read with section 34 and 323 read with section 34 IPC, for imprisonment of life on the first count and six months' R.I. on the second count, imposed by Sessions Judge, Badaun vide his impugned judgment and order dated 28.2.1981, in S.T. No. 215 of 1980 State v. Sant Pal and others .
(2.) The prosecution allegations encapsulated from the FIR were that Ram Lal and Dwarika were real brothers being sons of Tula Ram. Dwarika had two wives. One Fakeeri is the son of his first wife and Chhotey Lal (deceased) and Om Pal, (informant) P.W. 1 are the sons of his second wife. The accused appellants Sant Pal, Budh Pal and Suresh Pal (since deceased) are the sons of Ram Lal and hence are the first cousins of the informant. There was bad blood between the informant and the accused as they were pairokar of Fakiri, (the step brother of the informant and deceased Chhotey Lal) who was litigating for -1/2 share in inheritance over the agriculture land left by their deceased father Dwarika. Three years prior to the incident, appellant Budh Pal had lodged an FIR under section 307 Indian Penal Code against Om Pal (informant), Chhotey Lal (deceased) and Rammu (uncle of the informant), in which case, after trial the accused were acquitted aggravating the animosity between cousins. To avoid hostility Chhotey Lal (deceased) had left the village and had gone to stay at his in-laws house at Ajmabad, P.S. Jaitipur, district Shahjahanpur but he had returned few days prior to the date of incident. On 27.2.1980 the three accused, hankered with the idea of taking revenge by annihilating the informant and his brother, laid themselves on the northeast corner of the wheat field of Jagan of their village. When the deceased alongwith Khem Karan s/o Tula Ram, Mahi Pal s/o Khem Karan, Fakiri (P.W. 2) s/o Shobhi were proceeding towards Dataganj market to make purchases for Holi festival by the chak road and reached near the field of Basant Singh s/o Devi Singh at about 10.30 A.M., Budh Pal armed with gun and Sant Pal and Suresh armed with lathies came out from the wheat field of Jagan, surrounded them and on the instigation of Budh Pal appellant, all the three accused started assaulting the deceased with gun and lathies. The informant and other witnesses tried to save the deceased; consequently informant was also assaulted and was caused injuries. On the alarm being raised by the informant and companion witnesses, Siphar s/o Sardar Ahir also reached at the spot and all of them tried to save the deceased. Accused Budh Pal fired a shot towards interveners but they eluded the shot on them. The assailants after committing the murder of Chhotey Lal escaped in the Arhar field and eloped in jungle.
(3.) Om Pal informant leaving the corpse of Chhotey in vigil of villagers went to the Police Station Data Ganj and lodged an oral FIR at 12.30 in the noon same day after covering the distance of six miles north. H.C. Lajja Ram P.W. 5 recorded the FIR at the dictation of the informant and after getting its contents verified from him got his signature on chik FIR (Ex. Ka 1) and he also noted his injury. He prepared the GD of institution of the case Ex. Ka 11. The Sub Inspector Munsi Lal P.W. 3, who was the second officer at the Police Station in absence of Station Officer heralded the investigation, got the informant medically examined and then noted down his statement under section 161 Cr. P.C. He conducted the inquest on the dead body of the deceased and prepared the memo of inquest and other papers Ex. Ka 2 to Ex. Ka 9. Sealing the dead body, he dispatched it for post mortem through constable Nankai Lal and C.P. 558 Mohd. Raza P.W. 7. He also collected the blood stained and plain earth, empty and filled cartridges from the place of incident (Ex.1 to Ex. 4), prepared recovery memos Ex. Ka 7 and Ex. Ka 8. He conducted the spot inspection and prepared site plan Ex. Ka 9 and thereafter recorded the statements of the witnesses. Subsequent investigation of the crime was conducted by S.I. Hoshiyar Singh, S.O. P.W. 4 who after completion of the same submitted the charge sheet Ex. Ka 10 in the Court.;