- (1.) This appeal has been filed against the judgment and order dated 30.8.1983 passed by Sessions Judge, Lalitpur in Sessions Trial No. 7 of 1983 (State Vs. Nathoo Singh and others), whereby Sessions Judge has convicted the appellants Nathoo Singh, Dhanua Kori, Durg Singh and Lakhan Singh for the offences punishable under Sections 148, 302/149 Indian Penal Code (hereinafter referred to as I.P.C.) and sentenced to undergo each appellants three years rigorous imprisonment under Section 148 I.P.C. and also sentenced to undergo life imprisonment under Section 302/149 I.P.C. whereas, appellants Jagbhan Singh and Veer Singh have been convicted for the offences punishable under Section 147, 302/149 I.P.C. and sentenced to undergo each of them two years rigorous imprisonment under Section 147 I.P.C. and also sentenced to under go life imprisonment under Section 302/149 I.P.C. However, all the sentences have been ordered to run concurrently.
(2.) At the out set, it is pertinent to note that the appellants Nathoo Singh, Dhanua and Veer Singh died during the pendency of this appeal and therefore, appeal against them have been abated vide order dated 9.10.2014 of this Court.
(3.) Brief facts giving rise to the present appeal are as under: The complainant Pyare Raja (PW-2) lodged an F.I.R. on 8.9.1982 with the Police Station Bar District Lalitpur with the allegations that Nathoo Singh resident of his village was a man of bad character. Nathoo Singh, one and a half month before the incident had stolen the calf of Gulabiya Chamar resident of his village and in that matter Govind Singh had supported Gulabia and had told Nathoo to mend his way. Nathoo Singh felt aggrieved. A case of murder and dacoity was going on against Veer Singh appellant in which Govind Singh (deceased) was a witness. Therefore, Veer Singh also was not happy with Govind Singh (deceased). It was alleged that on 8.9.1982 at about 06:00 A.M. Govind Singh deceased and his step brother Pyare Raja-(PW-2) complainant were going to "Kuan" and when they reached in front of the house of Dhanuwa Kori, on the lane, all these appellants came out from the house of Dhanuwa Kori. Appellants Nathoo Singh, Durg Singh were armed with axe, while Jagbhan Singh and Veer Singh were armed with lathis. Dhanuwa Kori and Lakhan Singh were armed with luhangi. Veer Singh exhorted his associates to kill Govind Singh. All the accused-appellants assaulted with their respective weapons as a result of which Govind Singh fell down after receiving numerous injuries. On hearing the cry of complainant Pyare Raja, Lakhoo (PW-1), Ramla, Punua, Lakhan Singh s/o Kamal Singh and others reached on spot. They challenged the accused-appellants, then the accused-appellants fled away towards north. Govind Singh was seriously injured. Laying him on cot, he was rushed to hospital but on the way near Bamhori Kharait Nala, he died. The dead body was taken to police station where the report was lodged by the Pyare Raja complainant.;