- (1.) We have heard respective submissions of both the sides and perused the record.
(2.) The aforesaid criminal appeals have been filed by the appellants Shiv Nath Singh, Shamsher Singh, both sons of Baboo Singh, Amar Singh son of Siya Ram and Birendra Singh son of Rajjan Singh @ Dashrath Singh against the judgment and order of conviction and sentence dated 06.07.2006 passed by Additional Sessions Judge/ Special Judge (E.C. Act), Farrukhabad in Sessions Trial No. 50 of 1986, State Vs. Shiv Nath Singh and others (arising out of Case Crime No. 320 of 1985) under Sections 147, 148, 302/149, 307/149 IPC, P.S. Mohammadabad, District Farrukhabad whereby the learned trial Judge has sentenced the appellants Shiv Nath Singh, Shamsher Singh and Amar Singh under Section 148 IPC with 1 1/2 years rigorous imprisonment with fine of Rs. 2,000/-, in default will have to suffer additional three months' imprisonment, under Section 307 IPC read with Section 149 IPC each of the appellants will have to undergo 10 years rigorous imprisonment with fine of Rs. 5,000/-, in default, the concerned defaulting convict will have to suffer additional imprisonment for one year, under Section 302 IPC read with Section 149 IPC each of the appellants will have to undergo imprisonment for life with fine of Rs. 20,000/-, in default, the concerned defaulting convict will have to suffer additional imprisonment for two years, under Section 147 IPC appellant Birendra Singh will suffer one year rigorous imprisonment with fine of Rs. 1,000/-, in default, he will have to suffer additional imprisonment for three months, under Section 307 IPC read with Section 149 IPC appellant Birendra Singh has been sentenced with 10 years rigorous imprisonment with fine of Rs. 5,000/-, in default, he will have to undergo additional imprisonment for one year. He has been further sentenced under Section 302/149 IPC with life imprisonment and fine of Rs. 20,000/-, in case of default, he will have to suffer two years additional imprisonment. All the sentences of the aforesaid appellants have been directed to run concurrently.
(3.) Brief matrix of facts as emanates from perusal of record reflects that a first information report was lodged against the appellants at police station Mohammadabad, District Farrukhabad at Crime No. 320 of 1985, under Sections 147, 148, 149, 302, 307, 323 IPC on 27.12.1985 at 21.10 hours by first informant Ashok Kumar son of Jagdish Singh by alleging the incident to have taken place at about 7.30 p.m. in his village (Tajpur). At that point of time the first informant was coming out of house of Brijpal Singh of the same village after attending "Chhath Party". As soon as he came out of house, he heard some noise coupled with abuses from the side of road, he rushed to the place of incident near the shop of Siya Ram on Pakka Road where he saw Shiv Nath Singh son of Baboo Singh, Siya Ram son of Hukum Singh possessing gun, Shamsher son of Baboo Singh and Amar Singh son of Siya Ram possessing country made pistol and Birendra Singh son of Rajjan Singh @ Dashrath Singh with Lathi. They had surrounded his father Jagdish and were saying to his father that "you are helping and protecting Harijans (members of scheduled caste community) whereupon informant's father Jagdish insisted that he will keep on doing the same. In the meanwhile Surendra Singh son of Ram Nath, Veer Pal son of Surjan Singh, Deshraj son of Mullu Singh and Rajendra Singh son of Chhote Singh, Vijay Kumar son of Guljar Singh also arrived on the spot, when Shiv Nath Singh while abusing exhorted 'Maro Sale ko ki sabhi Aaj....................." whereupon accused persons started firing and Birendra Singh assaulted with Lathi blow due to which the fire hit informant's father Jagdish Singh, Surendra Singh and Veer Pal and they died on the spot and Deshraj Singh sustained pellet injuries on his face, injured Vijay Kumar Singh and Rajendra Singh sustained injuries caused by Lathi blow. On alarm, being raised, various persons of informant's village Munendra Singh son of Natthu Singh, Chandra Bhan son of Kalyan Prasad Dubey, Brijpal Singh son of Shanker Singh having torches in their hands arrived on the spot, saw the incident and challenged the assailants whereupon the assailants made their escape good in the village. Informant did not pursue them on account of fear of weapons possessed by the assailants. The assailants committed the incident after much preparation. Motorcycle of Shiv Nath Singh is parked on the spot which motorcycle was likely to be used after commission of the offence. Assailants have committed mass massacre. First information report is exhibit Ka-3. Entries were noted down in the chik FIR at 21.10 hrs on 27.10.1985 at P.S. Mohammadabad, District Farrukhabad at Case Crime No. 320 of 1985 under Sections 147, 148, 149, 302, 307, 323 IPC, chik FIR is exhibit Ka-9A. Case was registered at relevant G.D. rapat no. 28 at the aforesaid crime number at 21.10 hrs on 27.12.1985. The relevant G.D. is exhibit Ka-10. Investigation of the case took place and inquest report regarding three deceased persons was prepared on 27.12.1985 itself. Inquest report of deceased Jagdish Singh was completed around 22.30 hrs and the same is exhibit Ka-13. Inquest report of deceased Surendra Singh was completed at 23.00 hrs and the same is exhibit Ka-23 and inquest report of deceased Veer Pal Singh was prepared at 23.30 hrs and the same is exhibit Ka-24 on record.;