PRABHAT CHANDRA TRIPATHI, J. - (1.) We have heard Sri Om Prakash Singh, learned counsel for the appellants and Sri Chandra Jeet Yadav, learned A.G.A. for the State.
(2.) This criminal appeal has been preferred by the appellants namely, Mewa Ram, Shyam Pal and Shyam Lal against the judgment and order of the then Fourth Additional Sessions Judge, Shahjahanpur dated 20.02.1986 in Sessions Trial No. 469 of 1984, arising out of Case Crime No. 79 of 1984, under Section 302 I.P.C., Police Station Jaitipur, District Shahjahanpur, convicting the appellants under Section 302 I.P.C. and sentencing them to undergo for life imprisonment.
(3.) The oral F.I.R. in narrow compass is enumerated as below:- The informant Mahesh Pal Singh, son of Bhagwant Singh Yadav, resident of Himmatpur, Police Station Jaitipur, District Shahjahanpur on 6.5.1984 at about 7.30 A.M. (morning) gave oral information in the Police Station Jaitipur, District Shahjahanpur that in the intervening night of 5/6.5.1984, he alongwith his uncle Talewar, son of Jangi were sleeping in the courtyard of their house and ahead of his elevated platform near 'PAKAD' tree, Mahendra son of Poshakhee was sleeping and Raghunath, resident of Rishipura, Police Station Faridpur, District Bareilly was sleeping in front of the house of Mewa Ram. The southern wall situated in between the house of the informant and house of Mewa Ram was in dilapidated condition. Approximately at the time of mid2 night a shriek was heard from the house of Jai Ram and Mewa Ram, both sons of Natthu Singh Yadav then the informant and his uncle wake-up then Mewa Ram was exhorting and saying to his sons that (he) may not be spared in living condition, how (he) could give the land to others when they were alive. Then in the light of their torches, they saw that Mewa Ram armed with Sword, Shyam Lal son of Mewa Ram armed with Gadasa, Shyam Pal son of Mewa Ram armed with Spear and one unknown person armed with Kanta, were assaulting Jai Ram, which was visible from the dilapidated wall of the informant. At the same time, informant and others made noise then Raghunath and Mahendra also arose and made noise and challenged then Mewa Ram, Shyam Lal, Shyam Pal and their one companion came out of their house and fled away. The accused persons were armed with Sword, Gadasa, Spear and Kanta, whose clothes and weapons were stained with blood, were also seen by Mahendra and Raghunath in the light of their torches. The accused persons were checked but they did not stop and fled away towards south threatening that if somebody would lodge the report, he would meet the same fate. They (informant and others) entered in the house of Mewa Ram and saw that corpse of Jai Ram was lying on the ground upon the quilt soaked with blood and he had breathed his last. His neck was half slit and there were more injuries on his dead body. The reason for murder of Jai Ram was that Jai Ram was residing with the son-in-law of his sister in village Rishipura, Police Station Faridpur, District Bareilly since last three months and 3-4 days ago, he had taken away his buffalo at the place of Raghunath son-inlaw of his sister at Rishipura and one day ago in the evening, he intended to take away his wheat and household goods laden in the bullock cart alongwith son-in-law of his sister to Rishipura and he asked to give him Rs. 2000/- from his brother Mewa Ram before the informant, his uncle Talewar and Raghunath and said to lend the money otherwise he would hypothecate the land to someone else then Mewa Ram told Jai Ram that he would arrange the money in the morning and thereby he stopped him and getting opportunity, in order to usurp the property, Mewa Ram alongwith his sons murdered his brother Jai Ram in the night. Jai Ram was unmarried and issueless. He intended to give his property to Raghunath son-in-law of his sister. Due to this reason, the accused person Mewa Ram murdered his brother Jai Ram. Due to fear, he could not come to the police station in the night. His report be lodged and action be taken. ;