K.S.RAKHRA, R.K.RASTOGI - (1.) THIS is an appeal against judgment and order dated 15.9.1982 passed by the III Addl. Sessions Judge, Muzaffarnagar in connected Sessions trials No. 383 of 1981 and 9 of 1982, whereby appellant No. 4 Vijendra has been convicted and sentenced to life imprisonment under section 302/34 I.P.G, two years rigorous imprisonment under section 452, I.P.C., four years rigorous imprisonment under section 201/3 I.P.C. and one year's rigorous imprison ­ment under section 25 Arms Act. The re ­maining three appellants, Brijveer, Naren -dra and Rajveer have been sentenced to two years R.I. under section 324/34, I.P.C., one year's R.I. under section 323/34 I.P.C., two years R.I. under section 452 I.P.C. and four years' R.I. under section 201/34 I.P.C. All the four appellants are real brothers being sons of Bhagirath resident of village Dudhaheri within the circle of police sta ­tion Mansoorpur district Muzaffarnagar. Out of them appellant No. 2 Narendra ex ­pired during pendency of the appeal and his appeal has abated.
(2.) IT is said that at about 3 months prior to the present incident appellant Bri ­jveer had borrowed a sum of Rs. 30/ - from Dinesh Pal first informant. He was not re ­turning the said money on one prefext or the other. With a view to recover his money Dinesh Pal borrowed a sum of Rs. 100/ -from Brijveer about eight days prior to the incident and subsequently returned to him only Rs. 70/ - after deducting Rs. 30/ -which he claimed to be due to him from Brijveer. This became the source of annoy ­ance and Brijveer had threatened Dinesh Pal on various occasions by saying that he will definitely recover his Rs. 30/ - from him. On 1.7.1981, i.e. the date of inci ­dent, at about 8 A.M. Brijveer met Dinesh Pal who was going to his field and again demanded Rs. 30/ - from him and also threatened that if the money is not re ­turned, he will be killed on that date. At about 6 P.M. on the said date, Dinesh Pal P.W.3 along with his brother Sansar was sitting at his bullock cart in the Sahan of their house and other members of the fam ­ily were inside the house. His sister Kumari Savita P.W.4 was cooking food. His mother and father Bishambhar were also sitting nearby on a cot below a Neem tree. It was at that time when appellants Brijveer armed with lathi, Narendra "armed with Pharsa, Rajveer armed with lathi and Vi ­jendra armed with a revolver arrived there. Brijveer again demanded his money from Dinesh Pal first informant, whereupon Bishambhar, father of the first informant, came to Brijveer from his cot and asked Brijveer to talk to him in the matter. On this Brijveer gave a lathi blow to Bishambhar and simultaneously the other three accused persons opened assault on Bishambhar with their respective weapons. The infor ­mant's brother Sansar Singh also picked up a lathi end wielded the same in self defence hitting Vijendra and Brijveer. The first in ­formant also wielded lathi in defence, but he was also assaulted. While this marpit was going on appellant Vijendra fired from his revolver and the shot fired by him struk Sansar Singh who fell on the ground and died. It is alleged that accused persons then forcibly took away the dead body of Sansar Singh with them and carried it to their house.
(3.) A report of this incident was lodged by Dinesh Pal at police station Mansoorpur on the same day at 19.30 hours and it was registered as crime No. 121 of 1981 under sections 302, 324, 323 and452I.P.C.etc.;