SURENDRA VIKRAM SINGH RATHORE, J. - (1.) HEARD learned counsel for the appellants, Smt. Smiti Sahay, learned A.G.A. for the State and perused the lower court record.
(2.) UNDER challenge in this appeal is the judgment and order dated 11.6.1991 and 12.6.1991 passed by the learned VIIIth Additional District and Sessions Judge, Lucknow in Sessions Trial No. 414 of 1987 arising out of Case Crime No. 218 of 1987, Police Station Mohanlalganj, District Lucknow whereby appellant Nepal Singh was convicted for the offence under Section 148/302 and 302/149 I.P.C. and he was sentenced to undergo rigorous imprisonment for a period of one year under Section 148 I.P.C. and for the offence under Section 302 I.P.C., he was sentenced to undergo rigorous imprisonment for life. He was further convicted for the offence under Section 302/149 I.PC. with rigorous imprisonment for life. Appellant Shri Ram was convicted for the offence under Section 148, 302, 149 and 302/149 I.P.C. For the offence under Section 148 I.P.C., he was sentenced to undergo rigorous imprisonment for a period of one year and for the offence under Section 302/149 I.P.C. with imprisonment for life and for the offence under Section 302/149 I.P.C., he was further sentenced for rigorous imprisonment for life and both the sentences were directed to run concurrently. Accused Babu Lal was convicted for the offence under Section 147, 302 and 149 I.P.C. and 302/149 I.P.C. For the offence under Section 147, he was sentenced to undergo rigorous imprisonment for a period of one year and also for the offence under Section 302/149 I.P.C. for two murders, he was sentenced with imprisonment for life. All the sentences were directed to run concurrently. Appellant Desh Raj was convicted for the offence under Section 148/302 and 302/149. He was also sentenced for the offence under Section 148 I.P.C. with rigorous imprisonment for a period of one year and for the offence under Section 302 I.P.C. and Section 302/149 I.P.C. with imprisonment for life. Both the sentences were directed to run concurrently.
(3.) IN the instant case, F.I.R. was lodged against six persons. During trial, two accused persons, namely, Deewan and Smt. Ramawati expired and proceedings against them, were abated. Only four remaining accused persons were convicted and sentenced as above. During the pendency of the instant appeal, appellant Babu Lal has also expired and his case has been abated vide order dated 24.11.2009. So only Desh Raj, Nepal Singh and Sri Ram appellant are before us. It is a case of double murder. F.I.R. of this case was lodged by Harihar Bux Singh on 25.8.1987 alleging therein that on 25.8.1987, his brother Daljeet Singh and Jeet Bahadur Singh were going to look after their field through the kachchi road by the side of the river. At about 4:00 p.m., when these two persons reached near the Arhar field of Deewan then Shri Ram, his wife Smt. Ramawati met them. Shri Ram caught hold of Jeet Bahadur's feet and his wife caught hold of Daljeet Singh's feet and raised alarm "fey x;s". On their challenge, from Arhar field, Deewan, Babu Lal, armed with lathi, Nepal Singh armed with SBBL gun, Desh Raj armed with country made pistol came out of the field. Babu Lal exhorted to kill these persons, namely, Jeet Bahadur and Daljeet Singh. In the meantime, complainant Harihar Bux Singh, Rakesh Singh, Ramdeen, Ram Kripal and other persons reached there and they saw that Desh Raj shot fire with his country -made pistol and Nepal Singh fired shot on Daljeet Singh with his licensed gun. Daljeet Singh and Jeet Bahadur fell on the ground. Thereafter Babu Lal, Deewan caused injuries to them with lathi and Shri Ram and his wife Smt. Ramawati caused injuries to them with "Khurpa" (A sharp edged weapon used in agriculture). Because of these injuries, Jeet Bahadur Singh and Daljeet Singh, died on the spot. The complainant and other witnesses challenged the accused persons, then Nepal Singh and Desh Raj fired towards complainant. The witnesses and the complainant ran towards their houses and they came to Mohanlalganj on cycle to lodge the F.I.R. The case of the prosecution was that because of the enmity of the earlier litigation regarding the dispute of a house, his brothers have been murdered by the accused persons.;