S.K.Phaujdar, J. - (1.) THE present four appeals and the death reference No. 6 of 1994 arise out of S. T. No. 390 of 1992 in which the IVth Additional Sessions Judge, Muzaffarnagar by his judgment and order dated 9.11.1994 convicted the different appellants variously under Section 302, I.P.C. and lesser offences and sentenced two of them to death, while the others were given other various punishments. THE four sets of appellants preferred the present four appeals while the reference was made by the Sessions Judge for confirmation of the death sentence.
(2.) CRIMINAL Appeal No. 1857 of 1994 has been filed by Malkhan and Risal, both sons of Karan Singh, against their order of conviction under Section 148, I.P.C. and sentence thereunder for one year as also against their conviction under Section 302, I.P.C. and sentence of death by hanging thereunder and against their conviction under Section 307/149, I.P.C. and sentence of five years' R.I. therefor. The death reference relates to these two accused persons. CRIMINAL Appeal No. 1737 of 1994 has been preferred by Pramod, son of Risal Singh, Inder, son of Karan Singh, Rajveer son of Inder Singh and Brahmapal son of Risal Singh for their conviction under Section 148, I.P.C. and sentence of R.I. for one year ; for conviction under Section 302/149, I.P.C. and the sentence of Life Imprisonment therefor as also for conviction under Section 307/149, I.P.C. and the sentence of five years' R. I. thereunder. CRIMINAL Appeal No. 1769 of 1994 has been preferred by Satendra Singh son of Risal for his conviction under Section 148, I.P.C. and sentence of one years' R. I., conviction under Section 302/149, I.P.C. and sentence of Life Imprisonment thereunder as also for conviction under Section 307/149, I.P.C. and sentence of five years' R. I. thereunder. CRIMINAL Appeal No. 1858 of 1994 has been preferred by Om Veer, son of Inder for his conviction under Section 148 and sentence of one years' R. I. thereunder, for conviction under Section 302/149, I.P.C. and sentence of Life Imprisonment thereunder as also for conviction under Section 307, I.P.C. read with Section 149 thereof and sentence of R. I. therefor. Before we open the prosecution case and state the findings against the individual accused persons, we feel that the family genealogy of the deceased may be given at the outset as the three deceased persons, the eight accused persons and the two eye-witnesses-all belong to the same family : JUDGEMENT_364_ACRR_1996Image1.jpg JUDGEMENT_364_ACRR_1996Image2.jpg The patriarch of the family, Karan Singh, had 175 blghas of land. He gave away 25 bigha of land to each brother of his six sons. His son Mohar had pre deceased him. It is stated in the prosecution case that Brij Pal was living the life of a vagabond and, accordingly, in the branch of Mohar only Kallu and Deshpal were given together the 25 bighas of land that was to be given to the branch of Mohar. Shares of the branches of the six sons accounted for 150 bighas. The rest 25 bighas were kept by this nonagenarian Karan Singh for his own maintenance with a clear stipulation that on his death the same would go equally to the branches of his six sons. Karan Singh allegedly used to give 22 bighas on "theka" to any son with whom he proposed to live and the rest 3 bighas were left under the cultivation of that son. According to the materials available on record, Karan Singh was aged about 90 years at the time of the incident. His son, deceased Iqbal, was aged about 60 years at the time of the incident and the third deceased, Yashveer, son of Iqbal, was a young man. The note of ages of the accused persons at the time of their examination under Section 313, Cr. P.C. indicated that Brahma Pal was aged about 30 years in 1994 and Pramod was 23, Rajveer 27, Omveer 20, Malkhan 70, Satyendra 26, Inder 70 and Risal 74.
(3.) ACCORDING to the prosecution story, Karan Singh, his sons Kiran and Iqbal, wives of Kiran and Iqbal, namely, Mahendri and Rajkali, and Yashveer, son of Iqbal, were engaged on the land of Karan Singh since the morning of 28.11.1991 to make a 'nali' thereon. At about 11.00 a.m. Malkhan, Satyendra, Brahma Pal, Promod, Risal, Rajveer, Omveer and Inder came there and asked as to why they were digging a "nali" on the land. The F.I.R. indicates that on such protest, Kiran had stated that he had taken the land on "theka" from their father, Karan Singh and, accordingly, the "nali" was being dug. The above-named 8 persons then became ready for a quarrel and, in furtherance of their common intention to kill, Malkhan had uttered, "Salon ko goli mar do. Sab rar hi khatam ho jaigi" (kill the rascals, all dispute would be over). The F.I.R. further stated that Malkhan had with him a katta (country made pistol) and he opened fire on Iqbal. Risal had a tabal and he gave 'Tabal" blows on Karan Singh. At this Jasbeer took to his heels. He was chased by Malkhan, Satyendra, Om veer and all the three surrounded him and opened fire on him from their Kattas and killed him. The others also took part in the attack. Karan Singh, Iqbal and Jasbeer died on the spot. The informant, Kiran and his wife, Rajkali and Mahendree, wife of Iqbal, had seen the incident. Informant came to the police station and made a report. According to the formal F.I.R. drawn at the police station, the time of report to the police station is noted as 12.30 a.m. while the distance of the police station is about 5 kilometre from the land of occurrence. During investigation, the police took charge of the dead bodies and got the autopsy done on them. The police also visited the spot, made a rough sketch map with explanatory notes on the identification of the informants Kiran, and certain incriminating articles, blank cartridges were allegedly recovered from the spot.;