O. P. Mebrotra, J. - (1.) THIS appeal is directed against the judgment dated 17-8-77 passed by Shri D. N.Shukla, Additional Sessions Judge Banda convicting the appellants under sections 302/149 and 307/149 and 148 IPC. He sentenced each of them to undergo imprisonment for life for the offence under section 302/149 IPC. No separate sentence was awarded for the offences under sections 307/149 and 148 IPC. Besides five appellants viz. Pratap Singh, Shiv Narain Singh, Sahdeo Singh, Ram Basawan Singh and Prem Singh, there were two other accused persons viz. Chandra Pal Singh and Amarjit Singh who were given benefit of doubt on consideration of prudence and alertness in scrutiny to ward off the least possibility of the innocent suffering at the hands of the court.
(2.) THE charge against the seven accused persons was that on 12-11-72 at about 7 a. m. in village Sindhan Kala they alongwith one Ranjit Singh (since dead), formed an unlawful assembly with the common object of committing murder of Chunni Singh alias Vijai Bahadur Singh (deceased) and Mahabali Singh PW-1 armed with guns and spears, and that in prosecution of the said common object committed the murder of Chunni Singh and caused gun shot injuries to Mahabali Singh with the necessary intention and knowledge. There is no dispute that deceased Chunni Singh alias Vijai Bahadur Singh was the younger brother of Vijai Karan Singh PW 2 and that he was father-in-law of informant Mahabali Singh's brother Ram Bali Singh. It is alleged that the seven accused persons and accused Ranjit Singh (since dead) were members of one party. They and the two victims belonged to the same village viz. Sindhan Kala. Onkar Singh, uncle of accused Ram Basawan Singh. had been murdered. Chunni Singh (deceased), Vijai Karan Singh PW 2, Kalloo Singh, Pitambar Singh and Mukta Singh were accused in that murder case, Chunni Singh (deceased) and Pitambar Singh were sentenced to death and the others were awarded imprisonment for life but all of them were acquitted by the High Court. This enmity is said to be the motive for this crime. It is also alleged that Smt. Shiv Pati alias Moola, wife of the elder brother of accused Prem Singh, had sold about 11-bighas land to Ram Bali, younger brother of informant Mahabali Singh PW 1. Accused Prem Singh had filed objection in the mutation proceedings but the same was rejected.
(3.) AS regards the occurrence it was said that on 12-11-72 at about 7 A.M. Mahabali Singh PW 1 and Chunni Singh (deceased) were coming from the house of Chunni Singh. Mahabali Singh had gone there on the previous day but could not return as it had become late and was returning to his house in the morning, while Chunni Singh was going from his house to his Bara (enclosure). When they reached in front of the house of accused Shiv Narain Singh, all the eight persons (the seven accused and Ranjit Singh) came out from the house of Shiv Narain Singh armed with weapons. Ranjit Singh, Prem Singh, Chandra Pal Singh and Pratap Singh were armed with guns while the remaining four had Barchhi (spears) in their hands. Accused Ram Basawan Singh instigated his other companions to kill them, whereupon Vijai Karan Singh PW 2, Jag Mohan Singh, Sukhraj Singh, Phaguna Kewat and several others present nearby offered oral intervention threatening serious consequences if any of the assailants moved forward. This, however, had no effect on the assailants and the accused persons having guns fired at Chunni Singh and Mahabali Singh. On receiving injuries Chunni Singh moved forward and fell down, where upon the accused persons again fired so that he fell down and died. Mahabali Singh PW 1 received gun shot injuries on his right leg. The assailants then escaped towards the north. The dead body of Chunni Singh was removed by his uncle and others to the door of Mukta Singh. Injured Mahabali Singh was put on a cot by his brother Ram bali and others and was taken to police station Pailan . On the way at the door of Mukta Singh, he prepared written report Ex. Ka-1 and lodged the same at police station Pailani which was at a distance of two miles east of the spot on the same day at 8.30 a. m. A case was registered and investigation was taken up by S. 0. Sri T. N. Pandey PW 3. He interrogated informant Mahabali Singh at the police station and reached the spot where he interrogated other witnesses. He found the dead body of Chunni Singh in front of the house of Mukta Singh. At his instance the inquest report was prepared by Sub-Inspector Laxmi Narain, He recovered Mood from the Rasta near the well and also recovered two empty cartridges from that place. Accused Chandra Pal Singh was arrested on the same day, and Amarjit Singh was arrested shortly afterwards. The remaining accused persons were not available. After completing the investigation, he submitted chargesh:et on 25-12-72. The remaining accused persons surrendered before the court after their property was attached.;