Om Prakash, J. - (1.) This criminal appeal has been preferred by the accused -appellants against the judgment and order dated 14.2.1983 passed by the Vth Additional District and Sessions Judge, Mainpuri in Session Trial No. 480 of 1981, State v/s. Sudhir Kumar and another, convicting and sentencing the appellants for the offences punishable under Sec. 302/34, I.P.C. to undergo life imprisonment. At the outset, it is relevant to mention here that during pendency of this appeal, the appellant No. 2 -Virendra Singh has died. Accordingly, vide order dated 25.5.2015 this Court has abated the appeal in respect of the appellant No. 2 - Virendra Singh.
(2.) Now, we are proceeding to consider the present appeal in respect of sole surviving appellant, i.e., Sudhir Kumar.
(3.) The facts of the case, as unfolded by the informant Udal Singh son of Jodha Singh Yadav in the first information report (in short 'F.I.R.'), are that about two years ago Lakhan Singh son of Jugari Kachhi had mortgaged the agricultural land for a consideration of Rupees seven thousand with the informant's son Shyam Singh. On 14.4.1980, Lakhan Singh again mortgaged his field with Sone Lal son of Bangli Yadav resident of Lapkasa. When this fact came in the knowledge of Shyam Singh, at about 6.30 p.m. on the day of incident deceased Shyam Singh went to the house of Lakhan Singh to take back his money. Thereupon, Sone Lal armed with revolver and his son Sudhir armed with gun and Virendra son of Sagar Singh Yadav armed with country made pistol with a view to support Lakhan Singh started abusing Shyam Singh and Sone Lal uttered that "he would see as to how Shyam Singh will realize the money". Thereupon, hot talks took place between them and Sone Lal uttered as follows "Abhi Goli Nikal Doonga". On this, Shyam Singh retorted by saying "Dekhay Kaise Goli Nikalta Hai". Suddenly, Sone Lal, Sudhir and Virendra took out their weapons and aimed towards Shyam Singh and when he (Shyam Singh) tried to run away, Sone Lal fired a shot with his revolver, which hit his son on his eye. Sudhir and Virendra also shot fires causing death of his son (Shyam Singh) in front of the door of Lakhan Singh. At that time villagers Vijendra Pratap son of Raj Bahadur, Fauran Singh son of Jodha Singh, Surendra Kumar son of Raj Bahadur, Pramod Kumar son of Raghunath Prasad etc. were present on the spot. Pramod Kumar also received fire arm injury on his back. Since the accused wanted to cause disappearance of the dead -body of the deceased, he has removed the dead body from the place of occurrence to his house.;