HARSH KUMAR,J. - (1.) Heard Sri Darwari Lal Advocate, learned counsel for the appellants Om Prakash and Bhajan Lal, Sri Amit Kumar Srivastava Advocate, learned counsel for appellant Lalta Prasad and Sri Satish Trivedi Advocate, learned Senior counsel assisted by Sri Ajay Kumar Pandey, Advocate on behalf of appellant Hardwari and Sri Rajiv Gupta, Sri R.Y. Pandey, Sri Pradeep Pandey, Sri V.P. Tripathi and Sri U.K. Mishra, learned Government Advocate for the State.
(2.) All the three appeals mentioned above have arisen out of one and the same judgement dated 04.11.82 passed by Additional Sessions Judge Vth, Bareilly passed in joint trial of S.T. no. 466 of 1981 (State vs. Bhajan Lal & Another) and S.T. No. 559 of 1981 (State vs. Lalta Prasad and Another) arisen out of case crime no. 223 of 1981, P.S. Baheri, District Bareilly, convicting Bhajan Lal & Hardwari for the offence under section 302 I.P.C. and appellants Om Prakash and Lalta Prasad for the offence under section 302 read with section 34 I.P.C. and sentencing each of them with life imprisonment. Feeling aggrieved Om Prakash & Lalta Prasad have filed Criminal Appeal No. 2816 of 1982, Bhajan Lal has filed Criminal appeal No. 2940 of 1982 and Hardwari has filed Criminal Appeal No. 2941 of 1982, separately.
(3.) Since the three appeals arises out of one and the same judgment dated 4.11.1982 in respect with the F.I.R., dated 14.8.1981 regarding the criminal incident of murder of Ganga Ram, they were connected with each other, were heard together and are being disposed of by one common judgment. The brief facts relating to the appeals as per F.I.R. under Section 302 I.P.C. lodged by the first informant Duli Ram Son of Hori Lal, at 9.20 a.m. On 14.8.1981, in respect of murder of his son Ganga Ram by the appellants are that : - "about one month back when Bhajan Lal, Hardwari, Lalta Prasad and Om Prakash were taking liquor, they had a quarrel with the son of first informant, Ganga Ram and committed Marpeet with him; that upon interference of Musharraf Ali and Kalyan Rai, the dispute was settled but Bhajan Lal and others threatened Ganga Ram that he will meet the consequences in future and they were keeping enmity with him; that on the day of occurrence at about 07:00 a.m. his son was going to fetch milk from Toti Ram Gadaria and on way was near the Chaupal of Bechey Lal Chaudhari, the accused Bhajan Lal, Om Prakash, Lalta Prasad and Hardwari with common intention to cause his death made a 'GHERAO' of Ganga Ram; that on alarm raised by Ganga Ram, the first informant (Duli Ram), Bechey Lal Chaudhari, Ram Kishan as well as Ganga Ram s/o Kareh and Nabi Khan arrived near the spot, where Bhajan Lal and Hardwari were causing injuries to his son Ganga Ram with the knives, Lalta Prasad and Om Prakash weilding lathis proceeded towards them and warned that if any body comes forward for rescue, they will cause his death; that in the circumstances first informant and witnesses could not dare protect Ganga Ram from the accused persons or to catch hold of or chase the accused persons; that due to grievous injuries caused to Ganga Ram with the knives, he died on the spot upon which the accused persons after kicking him, managed to flee away". ;