- (1.) The present appeal assails the accuracy of the verdict dated 04.10.1983 passed by IVth Additional Sessions Judge, Budaun in Session Trial No. 316 of 1982 (State Vs. Girvar Singh and others), P.S.-Bilsi, District Budaun, whereby the appellant/ accused Ramesh has been convicted for the offence under Sections 302 and 323/34 IPC and has been sentenced to undergo imprisonment for life for having committed the offence of murder of Shiv Singh punishable under Section 302 IPC and to rigorous imprisonment of one year under Section 323/34 IPC. By the same judgement accused Girvar and Mahipal have been convicted under Sections 302/34 and 323/34 IPC and sentenced to undergo imprisonment for life under Section 302 /34 IPC and to one year rigorous imprisonment under Section 323/34 IPC. All the sentences have been ordered to run concurrently.
(2.) The deceased Shiv Singh and informant Mahendra Singh both are real brothers and residents of village Garhi, P.S.-Bilsi, District Budaun. The accused Girvar Singh and Ramesh are also residents of the same village and accused Ramesh is a nephew of Girvar Singh. Accused Mahipal Singh is resident of village Haidalpur, P.S.-Bilsi and brother-in-law of co-accused Ramesh.
(3.) The brief facts leading to prosecution of appellants are as follows: On 25.05.1981 at about 2 p.m., when Shiv Singh and Mahendra Singh were picking bacilli from a hoof of their ox, in front of their house, the accused Girvar Singh and Mahipal Singh equipped with 'lathies' (sticks) and Ramesh with a gun came there from eastern side. On the exhortation of Girvar Singh, accused Ramesh fired a gun shot which hit the deceased Shiv Singh and Mahendra Singh causing firearm injuries. Thereafter the accused Girvar Singh and Mahipal Singh also assaulted the deceased and informant Mahendra Singh with 'lathies' (sticks) and also caused injuries thereby. On an alarm raised by the injured Mahendra Singh, the witnesses Shishupal and Amar Singh reached the spot and challenged the accused. Thereafter, the accused flew away from the scene of occurrence. The informant Mahendra Singh managed a bullock cart and took the deceased Shiv Singh along with Matru Chowkidar to the police station and lodged the FIR (Ext. Ka-3) on 25.05.1981 at about 18.45 hours. The information was entered under Section 154 Cr.P.C. on a prescribed format on the dictation of the informant Mahendra Singh. Thereafter, the deceased Shiv Singh and Mahendra Singh were sent to the Primary Health Centre, Bilsi for treatment and the attending Doctor referred them to the District Hospital, Budaun.;