- (1.) The appellants were tried by 111 Additional District and Sessions Judge Badaun vide S.T. No. 60 of 1981 State versus Ram Prasad and Others and were convicted for the offences Under Section 302 149 IPC vide its order dated 7.12.1981. Appellants Ram Prasad, Dariyab, Rohan and Mahipal were convicted Under Section 148 IPC, Sundar and Chhotey were convicted Under Section 147 IPC with the sentence of life imprisonment on the first count 1-1/2 years R.I. imprisonment on the second count and one year R.I. imprisonment on the last count. All the sentences were directed to run concurrently. The aforesaid convictions and sentences have been challenged by the appellants in this appeal.
(2.) During the pendency of this appeal two of the appellants Dariyab and Sundar died and therefore their appeal is abated.
(3.) The prosecution case against the rest of the appellants are that Maya Devi wife of Ram Prasad appellant was murdered by informant Kunwar Pal Singh and his father Sardar Singh who is the deceased in this case. The criminal trial in respect of the aforesaid murder of Maya Devi was pending in court. Because of the aforesaid murder, on 17.10.1980 at about 8 A.M. when the informant was ploughing the field of Shyam Lal s o Banshi, which had been taken by him on lease and his father Sardar Singh (deceased) had gone there to give him Biri and match box then all of a sudden the appellant alongwith two deceased appellants came on the spot. Appellant Ram Prasad was armed with gun, Dariyab with country made pistol, Chhotey Lal and Sindar with lathi. Rohan with Gandasa and Mahipal was armed with Ballam. Ram Prasad and Dariyab from their fire arms shot at Sardar Singh who sustained firearm injuries and ran towards west. Informant seeing his father being shot ran towards west. Sardar Singh deceased was surrounded in the field of Dharmi s o Bhoopi Ahir and at the instigation of Sundar and Chhotey rest of the accused persons assaulted him with lathi, Gadasha and Ballam. Hue and cry made by the informant and the sound of fire attracted co villagers Heera singh, Karan Singh, Ram Charan and many others, who all sprinted towards spot on which the accused persons leaving the deceased made their escape good towards south. Sardar Singh died on the spot because of the murderous assault by the appellants. Kunwar Pal Singh informant went to the Police Station and lodged the oral FIR on that very day at 11.15 A.M. covering a distance of 12 km. north.;