- (1.) The present criminal appeal has been preferred against judgment and order dated 20.9.1983 passed by III-Additional Sessions Judge, Pilibhit in Sessions Trial No.27 of 1982, arising out of Case Crime No. 71 of 1981 under Section 302/34 IPC, whereby the learned trial court has convicted and sentenced to life imprisonment the appellants along with co-accused.
(2.) It is pertinent to mention that appellant no.1 Bhanu Pratap Singh, Ramesh Singh, appellant in connected Criminal Appeal No.2239 of 1983 and Shiva Kumar Singh appellant in connected Criminal Appeal No. 2277 of 1983 died during pendency of this appeal, therefore, the appeals filed on their behalf, stood abated by order of this Court dated 23.7.2015. Now, this appeal is confined to the only surviving appellant Ram Nath.
(3.) Prosecution story, as emanates from perusal of the record, appears to be that complainant Mein Kumar Singh son of Raghuraj Singh Thakur lodged written report at Police Station - Bilsanda, District Pilibhit on 14.3.1981 at 11.10 a.m. to the effect that some litigation took place between his father Raghuraj Singh and one Ramesh Singh son of Shiv Narain Ji on the one side and Budhpal Singh son of Ravidas Singh on the other side. In this litigation, some sort of compromise worked out and the case was settled between the father (Deceased Raghuraj Singh) of complainant and Budh Pal Singh. Due to this Ramesh Singh and his brother Shiv Kumar Singh were having grudge against complainant's father. In due course of time, Babu (Budhpal Singh) began to visit house of the complainant. Six or seven days ago from the date of incident, Ramesh Singh came to his house and asked his father that Budhpal Singh is visiting his house and this is not fair and in case Budhpal Singh came to his house then, he will not spare him. Yesterday Babu (Budhpal Singh) came to his house and left his house today in the morning. At about 10 O' clock, complainant's father was present at home when Shiv Kumar Singh came to him and enquired about Budhpal Singh, whereupon complainant's father told that Budhpal Singh has left in the morning. At this, Shiv Kumar Singh asked the complainant's father to come out from house for some talks. Complainant's father followed him upto outside the house. Complainant (Mein Kumar Singh), his mother and his brother Vinod Kumar also followed them. They saw Ramesh Singh standing on the terrace of Noor Hasan possessing a single barrelled gun.;