- (1.) THIS is an appeal against the judgment and order dated 25 -1 -1982 passed by the VIth Additional Sessions Judge, Mainpuri in Sessions Trial No. 376 of 1981 by which he convicted two appellants Bhurey Singh and Shiv Nath Singh under Section 302, IPC and sentenced them to life imprisonment. Out of the two appellants, the appeal of appellant No. 1 Bhurey Singh stands abated as he has died during the pendency of the appeal.
(2.) ADMITTEDLY both the appellants were cousin brothers and they are named as accused in the First Information Report lodged by Chokhey Lal on 21 -5 -1981 at 8.15 p.m. at police out post Kusmara District Mainpuri. It was alleged that he alongwith his father Soney Lal, father in law Salik Ram and co -villager Anokhey Lal who were returning from Kusmara Bazar and when they reached near village Kainalner they were encountered by Bhurey Singh and Shiv Nath Singh who were armed with their licensed guns. Both the accused opened fire on Soney Lal killing him on the spot. This incident took place at about 6.30 p.m. On hearing the sound of firing, Ram Autar and Devi Deen also reached there. The culprits on seeing the witnesses and on being challenged ran away. S.I. Dhaniram Sharma commenced investigation, who after collecting necessary documents from police out post Kusmara went to the place of occurrence and found dead -body of Soney Lal on the spot. After making a cursory examination of the dead -body, he recorded the statement of informant Chokhey Lal and the witness Anokhey Lal P.W. 2. Thereafter he left in search of culprits leaving dead -body on the spot in the care of constables who had accompanied him. He took search of the house of two named accused but could not get them. Next day on 22 -5 -1981 at 7.00 a.m. He held inquest which was concluded by 9.00 a.m. The dead -body was sealed and sent for autopsy alongwith relevant papers prepared by the Investigating Officer. From the place of occurrence he collected blood stained and plain earth and had also taken into his possession two “Khokhas” of the cartridges fired by the culprits. Thereafter he made a spot inspection and prepared site plan. He then again set out in search of the accused persons and on the basis of confidential information received, apprehended both the accused persons namely Bhurey Singh and Shiv Nath Singh on 22 -5 -1981 itself and recovered from their possession their licensed guns. Ex. Ka -12 and Ex. Ka -13 are the memos of their arrest and recovery from them. He also found blood stains on the clothes of the arrested accused persons and took them into his possession. Finding sufficient evidence against them, he filed charge -sheet against both Bhurey Singh and Shiv Nath Singh.
(3.) MOTIVE for commission of this crime as indicated in the First Information Report without further elaboration was old enmity. The evidence adduced by the prosecution in this regard however was that about twenty years ago in a property partition dispute between appellant Shiv Nath Singh and his uncle Bhikham, deceased Soney Lal had helped Bhikham to get the property. Another motive for the commission of this crime was an incident which took place a clay before in which the deceased had admonished two accused persons who were pressurising one Riyasat to give them money for buying “tari” (country liquor). No other enmity has been suggested by the witnesses.;