- (1.) Instant criminal appeal has been preferred by the appellants-Bhawar Pal Singh and Kunwar Pal Singh challenging the judgment and order dated 20.05.2006 passed by learned Additional Sessions Judge (F.T.C.), Court No.3, Farrukhabad, in Sessions Trial No.107 of 2003, Sessions Trial No.168 of 2003 and Sessions Trial No.274 of 2003 arising out of Case Crime No.490 of 2002, under Sections 302, 504, 506, 201 IPC, Police Station Kotwali Kaimganj, District Farrukhabad and Case Crime No.164 of 2003 under Section 25/27 of Arms Act, Police Station Kotwali Kaimganj, District Farrukhabad. All the aforementioned sessions trials were disposed of by a common judgment mentioned above. In Sessions Trial No.107 of 2003 appellant Bhawar Pal Singh and in Sessions Trial No.168 of 2003 appellant Kunwar Pal Singh were accused persons who took their trial for the offence under Sections 302, 504, 506, 201 IPC. In Sessions Trial No.274 of 2003 appellant Kunwar Pal Singh took his trial for the offence under Section 25/27 Arms Act. By the impugned judgment, appellants Bhawar Pal Singh and Kunwar Pal Singh were acquitted of the charges under Section 504 IPC and appellant Kunwar Pal Singh was also acquitted for the offence under Section 25/27 Arms Act, however they were convicted for the offence under Section 302 IPC and each of them were sentenced to undergo imprisonment for life and also with fine of Rs.10,000/- with default stipulation of six months' additional imprisonment. Both the appellants were further convicted for the offence under Section 201 IPC and were sentenced with rigorous imprisonment for a period of two years and also with fine of Rs.2000/- each with default stipulation of two months additional imprisonment. Accused persons were further convicted for the offence under Section 506 (2) IPC and were sentenced with rigorous imprisonment for a period of two years.
(2.) All the sentences were directed to run concurrently.
(3.) In brief, the case of the prosecution was that both the appellants namely Bhawar Pal Singh and Kunwar Pal Singh were real brothers and sons of Khabar Dar Singh. Both the appellants are residents of village Balloo Behta while the complainant and deceased were residents of village Bhuksa. As per evidence the distance between the two villages was about 3 kms. The complainant Omkar Verma lodged an FIR at Police Station Kotwali Kaimganj on 01.12.2002 at 00.30 a.m. alleging therein that on 30.11.2002 at about 3.00 p.m. his younger brother namely Nanku alias Nanak Chand, aged about 30 years, had gone to look after his sugarcane and mustered crop. There was some dispute regarding damage of his crop by the cow of the appellants which took place about seven days prior to the incident. The cow of the appellants was brought by the deceased to his house with an intention that when Kunwar Pal Singh shall come to take his cow then he will make complaint about the loss which he had suffered. When Kunwar Pal Singh did not come to take back his cow then the complainant and his brother made a complaint to the husband of the village pradhan and also to other persons of the village. On 30.11.2002 at about 3.00 p.m. the deceased Nanku alias Nanak Chand was looking after his field. Kunwar Pal Singh and Bhawar Pal Singh reached there and apprehended the deceased and abused him regarding their cow and thereafter appellant Kunwar Pal Singh with his countrymade rifle and Bhawar Pal Singh with his countrymade pistol fired on the deceased. Hearing the noise, the persons who were working in the nearby fields namely Collector, Ram Nath and the complainant himself reached there. By the time these persons could reach near the deceased then the accused persons put the dried sugarcane leaves on the deceased and set him ablaze and also extended threats of dire consequences to the witnesses. Hearing the noise of fires and cries of the witnesses several persons who were working in their fields reached there and under pressure of the crowd the accused persons ran away from there in the north direction.;