Satyendra Singh Chauhan, J. - (1.) This criminal appeal has been preferred by the appellants against the judgment and conviction dated 05.02.1983 passed by the VIIth Additional Sessions Judge (Higher Criminal Court), Budaun in Sessions Trial No.467 of 1980, sentencing the accused Gulam Navi, Tallan, Akhtar, Dulli, Safdar and Amin to undergo life imprisonment for committing offence punishable under Section 302/149 IPC and accused Tallan, Akhtar, Dulli and Safdar were further sentenced to undergo rigorous imprisonment for two years each under Section 148 IPC while accused Gulam Navi and Amin were sentenced to undergo rigorous imprisonment for one year each under Section 147 IPC. All the sentences have been directed to run concurrently.
(2.) Four appellants, namely, Tallan, Akhtar, Dulli and Safdar, filed the present criminal appeal, challenging their conviction. During the pendency of appeal, appellant no.1-Tallan and appellant no.2-Akhtar had died, whereas appellant no.3-Dulli and appellant no.4-Safdar are alive. Dulli is alleged to have caused injuries by knife and Safdar is alleged to have caused injuries by knife (chhuri).
(3.) The prosecution case, as disclosed in the FIR, is that on 16.07.1980 at about 6:30/7:00 a.m., deceased Chhote Lal Sharma, resident of village Bhikampur alongwith his family members, was present in his house. PW-2 Hira Lal was also present at the house of the deceased, who happens to be his servant. Bhurey Khan son of Mehdi Hasan Khan and Gulam Navi son of Mohammad Navi Khan came to the house of the deceased Chhotey Lal Sharma and asked him to accompany them for holding a Panchayat, whereupon Chhotey Lal Sharma went alongwith these persons and after 15-20 minutes, the complainant heard the shrieks of Chhotey Lal Sharma and Ram Pyari, whereupon brother of the deceased Saligram, Hira Lal and his son ran towards the deceased and they saw that opposite to the shop of Safdar Ali, deceased was being attacked by Tallan son of Kalbe Ali with knife (chhuri), Akhtar son of Nanhe with knife, Dulli son of Gulam Navi with knife and Safdar son of Afsar Khan with knife (chhuri). Amin son of Maseed Khan was catching hold the deceased Chhotey Lal Sharma. Bhurey son of Mehdi Hasan and Gulam Navi son of Mohammad Navi were exhorting the accused persons to kill the deceased. In the meantime, Balbir Sharma son of Baburam and Ratiram Sharma son of Gupal Ram Sharma of village Sirsaul, who were going towards village Mujaria from Sirsaul village in respect of their some personal work, also came there and saw the incident. The accused persons were challenged by the witnesses, thereupon the accused persons after killing the deceased Chhotey Lal Sharma ran away towards east. The old enmity of the deceased was existing with Tallan, Akhtar and Dulli. The accused were of criminal nature and earlier they were got arrested at the instance of the deceased, but anyhow they were acquitted in some of the cases. FIR was lodged at Crime no.210 under Section 147, 148 and 302 IPC at 9:05 a.m. on 16.07.1980. The distance of police station from village Bhikampur is 7 kms.;