M.C. Jain, J. - (1.) Sessions Trials No. 120 of 1979 and 342 of 1979 were tried together by 7th Additional Sessions Judge, Shahjahanpur. The accused appellants Manjeet Singh and Navendra Singh faced Sessions Trial No. 120 of 1979. There were four others, namely, Surendra Singh alias Salvendra Singh, Kashmir Singh, Kabul Singh and Babu Singh who were accused in connected Sessions Trial No. 342 of 1979. Theys came to be acquitted but the present two accused appellants Manjeet Singh and Navendra Singh were convicted under Section 302 I.P.C. for the double murder of Jogendra Singh and Darshan Singh on 4th January 1979 at about 3 P.M. at the crossing of Banda Bazar, Police Station Banda, District Shahjahanpur, the F.I.R. of which was lodged at 3.10 P.M. by Constable Rajendra Prasad Dwivedi PW 1. The distance of the Police Station was about one furlong only. The present two accused appellants were said to be the actual murderers whereas the other four (acquitted) were implicated with the aid of Section 120-B I.P.C.
(2.) The case of the prosecution as it surfaced through evidence consequent upon the lodging of the F.I.R. may be narrated thus: The acquitted accused Kashmir Singh was the father of accused appellant Manjeet Singh and of the acquitted accused Salvendra Singh. All of them lived jointly in village Marauri, P.S. Bilsanda, District Pilibhit. Accused Navendra Singh was the nephew of Kashmir Singh's wife and lived in Punjab. The remaining two accused Kabul Singh and Babu Singh were the residents of village Kuia Maholia, P.S. Banda, District Shahjahanpur. He alongwith his brothers and uncles including Guru Datt Singh had purchased some 200 acres of land in village Kuia Maholia in 1952. Later on, dispute arose between the partners about the ownership and possession of this land leading to prolonged litigation in consolidation courts. Subsequently, Kashmir Singh and his sons came to be a party on behalf of Guru Datt Singh in the said dispute. Kashmir Singh's sons claimed to have purchased and to have been in possession over Guru Datt's share in the said land. Phoola Singh PW 5 claimed that cultivation of the said entire land was being done on his behalf by his nephew late Darshan Singh. The prosecution allegation was that Kashmir Singh, his family members and friends came to the conclusion that unless Darshan Singh was removed from the way, they would not be able to get the real possession and to cultivate the land claimed to be so purchased by them. As such, they hatched a conspiracy to murder Darshan Singh alongwith whom Jogendra Singh also came to be murdered.
(3.) On the fateful day and time, Darshan Singh and Jogendra Singh had come to Banda market. Both of them held their rifles and cartridges with them. The cartridge belt of Darshan Singh was damaged and, therefore, after keeping his rifle at a nearby shop, he handed over the belt to a cobbler, namely, Tejram for repairs, who was sitting on the patri of the road near Banda crossing. Jogendra Singh carrying his rifle and cartridges belt on his back accompanied Darshan Singh. Both these persons sat down on the road patri, while Tej Ram PW 8, sitting there started repairing the belt of Darshan Singh. At about 3 P.M. Manjeet Singh armed with Danter (Kanta) and accused appellant Navendra Singh armed with a sword suddenly appeared there and at once attacked Darshan Singh and Jogendra Singh with their weapons. On being assaulted thereby, they fell down on road patri. Even then both the accused continued striking blows with their respective weapons till they died of the extensive injuries given to them. Constable Rajendra Prasad Dwivedi PW 1 and Constable Rajeshwar Singh PW 2 were on their way from Police Station Banda to take tea at the shop of one Chhotey situated at the crossing. They saw Darshan Singh and Jogendra Singh being so attacked and murdered by the accused. These constables knew both the victims from before and they also knew the accused Manjeet Singh while the other accused Navendra Singh was stranger to them. At once, Constable Rajendra Prasad Dwivedi PW 1 asked his colleague Rajeshwar Singh PW 2 to chase the fleeing accused while he himself returned to the Police Station and reaching there at 3.10 P.M. lodged the report (Ex. Ka-1) by oral narration. In it, he disclosed that the accused Manjeet Singh and his unknown Sikh companion had murdered Darshan Singh and Jogendra Singh with swords and had fled towards west. He also mentioned therein that Constable Rajeshwar Singh PW 2 alongwith some public men were chasing the accused.;