A.K.Roopanwal, J. - (1.) Both these criminal appeals have been filed against the judgment and order of conviction recorded by the learned IInd Additional District and Sessions Judge, Court No. 2, Bulandshahr in Sessions Trial No. 1140 /02, State v. Devendra and Ors. under Sections 148, 302/149, 324/149 and 457 Indian Penal Code, Police Station Aurangabad, District Bulandshahar and Sessions trial No. 1424/02, State v. Sundar under Section 25A of the Arms Act, police station Sikandarabad, District Bulandshahar by which the accused appellants Devendra, Sundar, Naresh alias Lavesh, Kurri alias Kiran, Veer Singh and Chandrapal were found guilty of the offences punishable under Sections 148, 302/149, 324/149, Indian Penal Code and Section 457, IPC. Accused Sundar was further found guilty for the offence punishable under Section 25 of the Arms Act and accused Devendra, Sundar, Naresh alias Lavesh and Kurri alias Kiran were sentenced to death for offences punishable under Section 302 Indian Penal Code read with Section 149 Indian Penal Code and accused Veer Singh and Chandrapal were sentenced to life imprisonment and a fine of Rs. 5,000/ and in default of payment of fine, further imprisonment for one year for the offence punishable under Section 302 Indian Penal Code read with Section 149, IPC. All the accused appellants were also sentenced to one year R.I. under Section 148 Indian Penal Code, one year R.I. under Section 324 Indian Penal Code read with Section 149 Indian Penal Code and two year R.I. and a fine of Rs. 1,000/- under Section 457 Indian Penal Code and in default of payment of fine further imprisonment for six months. The accused Sunder was also sentenced to one year R.I. for the offence punishable under Section 25 of the Arms Act.
(2.) Criminal reference is for the confirmation of death sentence of the appellants Devendra, Sundar, Naresh alias Lavesh and Kurri alias Kiran.
(3.) Brief facts giving rise to these appeals are as under; On 21.6.2002 complainant, Smt. Banas, wife of late Kamal Singh resident of village Khwajpur, police station Aurangabad, District Bulandshahr was sleeping in her house along with other family members. Her son Gopal and his wife Vimla were sleeping on the roof, while the younger son Krishnapal Singh and son-in-law, Harikishan Singh were sleeping on separate cots in the courtyard of the house. The complainant herself, her daughter Chandra and daughter-in-law Malvati were also sleeping in the courtyard along with children. A lantern was burning in the thatch. At about 2.00 A.M. on 22.6.02, accused Devendra, Sundar, Rajendra Singh, Chandrapal, Naresh son of Veer Singh, Kurri son of Karan, Chandrapal and Veer Singh entered into the 'Gher' of the house. Due to noise, the complainant and her daughter, Chandra and daughter-in-law Malvati got up. They raised alarm at which Chandrapal and Veer Singh exhorted the other accused to kill the inmates of the house. Accused Sundar and Kurri climbed upon the roof and committed murder of Gopal with Dab ( a sharp edged weapon) by cutting his neck. Accused Naresh and Devendra committed murder of Krishnapal by causing injuries on the neck and hand with dabs. After commuting murder of Gopal, Sundar and Kurri came on the ground floor. Accused Narendra and Rajendra assaulted Harkishan with dabs in their hands and caused injuries on his neck. When Chandra came for the rescue of her husband, she was also assaulted by Sundar with Dab. The complainant and others raised hue and cry and tried to apprehend the accused at which accused Sundar took out a Tamancha from his pocket and fired upon the complainant in order to kill her but any how, the complainant had a narrow escape and the pellets hit her daughter Chandra. After committing occurrence, the accused persons ran away in the jungle towards the west of the house by giving threats to kill the whole family.;