Surendra Vikram Singh Rathore, J. - (1.) Shri R.N.S. Chauhan, learned counsel for the appellants, Ms. Madhulika Yadav, learned AGA for the State and Shri Anil Kumar Tripathi, learned counsel for the complainant, were heard at length.
(2.) Under challenge in the instant criminal appeal is the judgment and order dated 11.07.1983 passed by 3rd Additional Sessions Judge, Unnao, in Sessions Trial No. 170 of 1982 arising out of Case Crime No. 125 of 1981, Police Station Auras, District Unnao, whereby the present appellants were convicted and sentenced as under: - (i) 302 IPC read with Sec. 149 IPC - Imprisonment for life; (ii) 148 IPC - Rigorous imprisonment for a period of two years., and (iii) 201 IPC - Rigorous imprisonment for a period of four years. All the sentences were directed to run concurrently.
(3.) In brief, the case of the prosecution, necessary for disposal of the instant appeal, is that one Ram Kumar was married to the daughter of Ram Lal and the other daughter of Ram Lal was married to appellant Sajiwan. Appellant Sajiwan used to harass and treat his wife with cruelty. About six months prior to this incident his wife came to her parental house and thereafter Ram Lal remarried his daughter to one Sheo Pal Yadav with the help of deceased Dularey. Accused Pyarey Lal asked Dularey to return the wife of Sajiwan but he was also threatened. On 10.09.1981 in the morning Dularey, Khushi Ram and Sri Pal were coming to Unnao from their village to attend the date of a case under Sec. 325 IPC in which they were accused. One Gokaran Nath was also accompanying them. Complainant Ram Das and his cousin were walking about 50 paces behind them. These two persons were going to Kanpur. At about 6.30 P.M. in the morning, when Dularey, Khushi Ram, Sri Pal etc. reached near the bridge of Bachhauli then they saw the accused Pyarey Lal, Ram Singh, Sajiwan, Rajjan and Balister rushing towards them. Accused Pyarey Lal was armed with single barrel gun, Ram Singh was armed with half gun, Sajiwan and Rajjan were armed with country made pistols and Balister was armed with Kulhari (axe). When Dularey and his brother saw the accused persons rushing towards them then they started running in west direction. Pyarey Lal opened fire on Khushi Ram. The other accused persons chased Dularey and Sri Pal. Ram Das and others raised alarm and Ram Nath, Ram Autar, Sunder, Mohan Lal, Bharosey, Mansha Ram, Mahabir Yadav and many others reached the place of occurrence. In the meantime, Pyarey Lal shot two fires on Khushi Ram who fell down after sustaining gunshot injuries while the other accused persons ambushed Dularey and Sri Pal near the bridge and fired due to which they also fell down in the Khanti situated towards north of canal Path and west of the bridge. Accused Pyarey Lal also reached there and the accused persons brought Dularey and Sri Pal from the Khanti and put them on the canal Patri. Thereafter Pyarey Lal shot fire in the air and threatened the witnesses. Balister severed the heads of Dularey and Sri Pal and accused persons threw the dead bodies and the heads of both the deceased in the canal. Thereafter accused persons reached near Khushi Ram and accused Balister severed the head of Khushi Ram with his Kulhari and his dead body as well as severed head was also thrown in the canal and thereafter accused persons ran away towards the village. After the accused had left the place of occurrence, the persons present on the spot were asked to bring out the dead bodies and heads of deceased persons from the canal by the complainant and complainant Ram Das himself left for the police station and lodged an oral first information report at police station Auras at 07.40 A.M.;