- (1.) This appeal has been preferred against the judgment and order dated 22.01.1982 passed by 3rd Additional Sessions Judge Etah, in ST. No. 400 of 1981, whereby the accused-appellants (1) Jangi Singh (2) Gajju Singh @ Gajraj Singh, (3) Bhupendra Singh (4) Omvir Singh (5) Udai Pratap Singh (7) Dhoom Singh (8) Munendra Singh @ Ram Singh (9) Rambir Singh (10) Man Singh (11) Bhudev (12) Mahandra Pal (13) Ram Nath (14) Shibbu (15) Hardev (16) Ram Singh and (17) Lalau @ Lala Ram have been convicted and sentenced to undergo rigorous imprisonment for one year under Section 147 IPC, imprisonment for life under Section 302 read with Section 149 IPC and five years rigorous imprisonment under Section 307 read with Section 149 IPC. The appellants accused (1) Bishan Singh (2) Natthu Singh (3) Yatendra Singh and (4) Kundan Singh have been convicted and sentenced to undergo rigorous imprisonment for two years under Section 148 IPC, imprisonment for life under Section 302 read with Section 149 IPC and five years rigorous imprisonment under Section 307 read with Section 149 IPC.
(2.) During pendency of this appeal, the appellants-accused Jangi Singh, Gajju @ Gajraj Singh, Natthu Singh, Saraj Pal Singh, Munendra Singh @ Ram Singh, Ram Nath, Shibbu, Hardev, Lalau @ Lalaram and Kundan Singh have died. Hence their appeal has been abated.
(3.) The incident resulting in the death of Jugendra Pal Singh and causing injuries to his sister Smt. Ramwati and mother Smt. Ketuki occurred on 13.04.1981 at about 7.00 a.m. In the Khalihan near village Hasanpur under Soron Police Station of District Etah. The case of the prosecution as appearing from the first information report and statement of the complainant Suresh Pal Singh (P.W. 1) S/o Suraj Singh r/o village Hasanpur P.S. Soron (Etah), in brief, is that a case under Section 366/376 IPC regarding abduction and rape of Km. Asha and Munni, both nieces (sister's daughters) of complainant, was got registered against the recused Yatendra Singh etc. on 10.04.1981 at P.S. Soron. On 13.04.1981 at about 7.00 a.m., the complainant Suresh Pal Singh, his brothers Jugendra Pal Singh and Narendra Pal Singh and his nephew (sister's son) Mahesh Pal Singh, who was residing with him, were going to see their Khilihan. When they reached near the Khalihan, the accused Bishan Singh, Jangi Singh, Gajju @ Gajraj Singh, Yatendra Singh sons of Pyare Singh, Natthu Singh S/o Sahib Singh, Bhupendra Singh S/o Natthu Singh, Ombvir Singh @ Munna S/o Udaivir Singh, Udai Pratap S/o Gajju Singh, Suraj Pal Sijngh S/o Amir Singh, Dhoom Singh, Munendra Singh @ Ram Singh, Ramvir Singh Sons of Mukut Singh Thakur, Bhoodev, Man Singh sons of Jhamman, Manendra Pal S/o Bhoodev, Ram Nath S/o Liladhar, Shibbu S/o Chattar, Hardev S/o Heeru, Ram Singh S/o Hardev and Lalau S/o Shivani Mallah ail residents of village Hasanpur P.S. Soron District Etah and Kundan Singh Thakur r/o village kachhla, District Budaun, who was Samdhi of Natthu Singh, came out from the side ofKhalihan having lathies, tamancha and Farsa. The accused Natthu Singh, who was armed with his licenced gun, exhorted saying "Jugendra pal Singh ko pakad to tatha jan se mar do, Kyunki hamare khilaf jhutha mukadama darj karaya hai". On this exhortation, the accused persons with intention to cause the death of Jugendra Pal Singh began to assault him by lathies etc. Somehow the complainant Suresh Pal Singh, his bother Narendra Pal Singh and his sister's son Mahesh Pal Singh escaped and rushed towards village raising alarm. On hearing hue and cry, Smt. Ramweti, sister of the complainant and his mother Smt. Ketuki, his nieces Munni and Asha and other village people came to the place of occurrence and saw the incident. When Smt. Ramwati and Smt. Ketuki tried to save Jugendra Pal Singh, they were also assaulted by the accused persons, due to which they sustained injuries. Thereafter, the accused persons considering the injured Jugendra Pal Singh to have died, fled away towards Ganga Ji. The complainant carried his brother Jugendra Pal Singh, sister and mother by bullock cart to P.S. Soron, where he made over the their written report Ext. Ka 1, on the basis of which Chik FIR Ext. Ka 4 was prepared by P.W. 4 Gurudutt, who registered a case under Section 147, 148, 149, 307 IPC at Crime No. 97/81 against above named accused persons on 13.04.1981 at 9.05 a.m., entry of which was made in the G.D. No. 12 (Ext. Ka 5).;