Bharat Bhushan, J. - (1.) Appellants have assailed the judgment and order dated 22.1.1983 passed by the then IInd Additional Sessions Judge, Hamirpur in Sessions Trial No 82 of 1981 (State v. Girja and others) arising out of Crime No.189 of 1980 , under Sections 302 read with Section 149, 148 and 147 of Indian Penal Code (in short I.P.C.), P.S. Rath, District Hamirpur whereby seven accused/appellants, viz. Girja, Sarua, Ram Sanehi, Raghunath, late Bhoora, Ram Swaroop and Brijbhan were convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC read with Section 149 IPC. Accused/appellants Girja, Sarua, Ram Sanehi and Raghunath were further convicted and sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 148 IPC and appellants late Bhoora, Ram Swaroop and Brijbhan were sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 147 IPC. All the sentences were directed to run concurrently.
(2.) During pendency of this appeal, appellant Bhoora died, hence, appeal filed on his behalf stands abated vide order dated 2 09.10.2009. This Court is now concerned only with the appeal of remaining appellants, namely, Girja, Sarua, Ram Sanehi, Raghunath,Ram Swaroop and Brijbhan.
(3.) Prosecution story in brief is that on 20.10.1980 around 8 am. Nathuram informant (P.W.1), Shanti (P.W. 2), Ram Kripal (P.W.3) and Smt. Sita Rani had gathered at their Gurwahi Bakhari (cattle shed) for tending their cattle. Site plan(Ex. Ka-9) indicates that a part of northern side of this Bakhari (cattle shed) was being used as shop by one Sri Chand, a tenant. Deceased Dhanpat was sitting in the shop of Sri Chand with Sri Chand and one Parmeshwari Dayal. Suddenly accused persons, viz, Girja, Sarua and Ram Sanehi armed with their respective guns and other accused persons, namely, late Bhoora, Ram Swaroop, Brijbhan, Raghunath and three unknown persons armed with spears (Bhala) came over there and fired a shot at Dhanpat. They also challenged Dhanpat. Sarua opened fire upon Dhanpat. Dhanpat managed to escape and ran inside the Bakhri (cattle shed) and tried to climb over the Khaprail (tiles) in the southeastern corner of the Bakhari. Accused persons chased deceased Dhanpat inside the Bakhari (cattle shed) and again opened fire upon him.;