- (1.) This appeal has been preferred by the appellants against the judgment dated 24.03.1982 passed by III Additional Sessions Judge, Hardoi on 23.03.1982 in Sessions Trial No. 695 of 1981, Police Station Kotwali, District Hardoi in Case Crime No. 507 of 1981 whereby the accused Ranvir, Chandra Prakash, Sheo Pratap Singh Manni and Chhotey Lal were convicted and sentenced to two years R.I., under Section 148 I.P.C., life imprisonment, under Section 302 I.P.C. read with Section 149 I.P.C., seven years R.I., under Section 307 I.P.C. read with Section 149 I.P.C. and one year R.I., under Section 379 I.P.C. and the accused Nand Lal was convicted and sentenced to one year R.I., under Section 147 I.P.C, life imprisonment, under Section 302 I.P.C. read with Section 149 I.P.C., seven years R.I., under Section 307 I.P.C. read with Section 149 I.P.C., seven years R.I. under Section 307 I.P.C. read with Section 149 I.P.C. and one year R.I., under Section 379 I.P.C. All the sentences of the accused were to run concurrently.
(2.) The prosecution story in brief is that the complainant Raja Bux Singh (PW-1) and the accused persons are resident of village Itauli, P.S. Kotwali, District Hardoi. The deceased was the brother of the complainant and accused Sheo Pratap and Chandra Prakash were also related to the deceased and the complainant being descendants of the common ancestor Fauzey Singh. All the six accused are friends and belong to the same party. Chhotkaunu Singh @ Rameshwar Singh (deceased) was Block Pramukh of Tandiwan Block at the time of occurrence and was also Director of the Cooperative Bank. His elder brother Ravindra Singh was also the Pradhan of his village. In the year 1977, Dacoity took place at the house of Manni in which his father Mangali had been murdered. A report of the incident was lodged by Brij Lal, the elder brother of Manni against Shishupal Singh, the cousin of the complainant and Gullu Pasi and Balak Ram Pasi, servants in which all the accused were acquitted. Further in 1974 an unlicensed gun was recovered from the possession of Ranvir Singh in which Dwarika and Dirgaj servants of the complainant were witnesses. The accused Sheo Pratap Singh suspected that the deceased Chhotkaunu Singh had chopped the bamboo clumps which belonged to him and the accused sheo Pratap. sheo Pratap accused complained against this action at which the deceased remarked that he had chopped the bamboo clumps of his own share. At this sheo Pratap threatened that he would cut Chhotkaunu in the same way as Chhotkaunu has chopped the bamboo clumps. Thus, Ranvir, sheo Pratap and Chandra Prakash along with co-accused were enmical towards deceased.
(3.) On 21.06.1981 at about 07:00 P.M., the complainant was sitting on a cot in the bound of a semi constructed house belonging to the deceased. Rakesh Singh, Nanhaku Singh and Raj Kumar Singh were also sitting there. There was another cot on which Chhotkaunu Singh and Shatrughan Singh were also sitting. Nearby the servants Daulat and Zalim were sitting. All were talking to the servants regarding starting of the construction of the house. When all of a sudden, the accused sheo Pratap Singh armed with spear, Ranvir Singh armed with kanta, Nand Lal armed with lathi, Chhotey Lal armed with spear, Manni armed with Kanta and Chandra Prakash armed with gun appeared there and approaching Rameshwar Singh @ Chhotkaunu Singh challenged to kill him. At this Nand Lal plied his lathi on the head of Chhotkaunu Singh at which Chotkaunu Singh stumbled down and fell on the ground. At this accused Ranvir Singh, Chhotey Lal and Manni pounced upon the Rifle and Gun of Chhotkaunu Singh placed on his cot. Ranvir Singh placed the rifle on his shoulder and Chhotey Lal placed the gun on his shoulder. After that all the accused persons began to beat the deceased Chhotkaunu Singh with lathi, kanta and spear. When Shatrughan Singh tried to save the deceased, he was attacked with spear. When Shatrughan Singh stepped back, Chandra Prakash fired with his gun while firing he was saying that whoever would come forward would met the same fate as Chhotkaunu Singh had met. Hue and cry was raised at the occurrence and after hearing noise of firing, people from the village came and the accused persons ran away. The complainant and the witnesses approached Chhotkaunu Singh and found that he had succumbed to his injuries. Thus, the written First Information Report was lodged by PW-1 Raja Bux Singh who has also said to be an eye witness and proved the written report as Exhibit Ka-1.;