S.C.JAIN, J. - (1.) Appellants Mahendra Singh, Iswar Chand, Niranjan Singh and Tejvir Sharma were charged and tried for an offence punishable under Section 302 read with Section 34, I.P.C. on the allegations that they, in furtherance of their common intention on 27-1-1978 at about 8.30 p.m. in Danganj Mandi Khurja, intentionally caused the death of Rajendra alias Tati by means of Knives. The role assigned to Tejvir and Mahendra Singh was that of catching hold of Rajendra (deceased) by his arms whereas Ishwar Chand and Niranjan Singh stabbed him by knives which they were having. Believing the prosecution version as correct, the learned Sessions Judge found all the four accused persons guilty of the offence under Section 302 read with Section 34, I.P.C. and sentenced them to undergo rigorous imprison ment for life.
(2.) Aggrieved, this appeal has been filed.
(3.) As per the prosecution version, one Sukhbir son of Munshi was murdered about 21/2 years before this incident. Rajendra deceased was one of the accused in that case. Ishwar Chand and Niranjan appellants were the prosecution witnesses in that case. About 3 months prior to this incident, deceased Rajendra was released on bail in that case. After release of Rajendra (deceased) on bail he started living at the shop of P.W. 4 Chhetrpal in Mandi Danganj in the town of Khurja. Bhavi Chand (P.W. 4) is father of the deceased Rajendra. Though he was residing at village Achheja Khurd which was at a distance of 5 Km. from Mandi Dan Ganj but he used to go to Khurja every day with the meals for his son Rajendra. On 27-1-1978 at about 8.30 p.m. deceased Rajendra, his father Bhavi Chand and two others, namely Karori and Malkhan Singh were present at the shop of Chhetrapal Singh P.W. 4 Appellant Tejvir came there. He called Rajendra and asked him to accom pany him for taking tea. Rajendra accompanied him. After Some time, a gun shot was heard. The cries of Rajendra 'Bachao' were also heard. Upon this, Bhavi Chand (father of the deceased) Kirori, Chhetrapal and Malkhan Singh rushed towards that place. Girraj who was present at the adjoining shop also came out and rushed towards that side. They saw that accused Tejvir and Mahendra Singh had caught hold of Rajendra by arms and accused Niranjan Singh and Ishwar Chand were assaulting him with knives. On seeing them, the accused tried to run away but Bhavi Chand, father of the deceased Rajendra succeeded in apprehending Tejvir and he was made to sit under the tin shed of the shop of Chhetrapal. P.W. 1 Bhavi Chand got scribed the F.I.R. from Girraj P.W. 2 which is Ext. Ka-1 and took it to the police station where the F.I.R. was registered at 9.10 p.m.;