Alok Kumar Mukherjee, J. - (1.) The aforesaid appeals filed on behalf of the accused appellants under Section 374 (2) Cr.P.C. are directed against the judgment and orders dated 26.07.1982, passed by Sri M.G. Godbole, Sessions Judge, Aligarh, in Sessions Trial No. 329 of 1981 (State v. Chandra Pal Singh and 4 others) , whereby, they have been convicted under Sections 302/149, 323/149, 324/149 I.P.C. and punished with the sentence to undergo imprisonment for life, rigorous imprisonment for one month and two months respectively. The appellants Chandra Pal Singh and Pitamber have also been convicted under Section 147 I.P.C. and sentenced to undergo rigorous imprisonment of two months and rest of the appellants have been convicted under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for six months.
(2.) Heard Sri Anwar Hussain, learned counsel for the appellants, Sri Ajeet Ray, learned A.G.A. for the State respondent and perused the record.
(3.) Brief facts giving rise to the present appeals are that one Bahadur, resident of village Vistoli, Police Station Akrabad on 11.12.1978 at 09:15 P.M. gave a written report at Police Station Akrabad stating therein on 11.12.1978 at 04:45 P.M., he and his father Vijay Pal were coming from there house to their Gher (Nohra), at about 04:45 P.M. when they reached north east corner of the field of Mahendra, co-villagers Shyam armed with country made pistol, Gajendra Pal Singh armed with country made pistol, Chandra Pal armed with lathi, Shanker armed with ballam and Pitamber Singh armed with iron pitch fork (saki) ambushed them and on the exhortation of Chandra Pal, Shyam Pal shot his father on his chest. Gajendra Pal Singh also fired on his chest. Thereafter they were assaulted with spear, lathi and saki. On their shouts for help, Ram Prakash, Vijay Pal and Pratap with other villagers came there and saved them. He had old enmity with the accused persons who had beaten him and his father on 21.12.1972 but they were acquitted on 09.09.1978 and they were emboldened on their acquittal.;