ALOK KUMAR MUKHERJEE,J. - (1.) The instant appeal, filed on behalf of the appellants, under Section 374 (2) Cr.P.C., questioning the correctness of Judgement and orders dated 24th May, 1982 passed by Sri Ram Singh IIIrd, Additional Sessions Judge, Rampur in S.T. No.143 of 1981 (State v. Rikashpal Singh and another) whereby the appellants have been convicted under Section 302/34, 324/34 IPC and sentenced to undergo imprisonment for life and rigorous imprisonment of one year respectively.
(2.) Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Ajay Kumar Pandey, learned counsel for the appellants Rikashpal Singh and Suchcha Singh, Sri Ajeet Kumar Singh, learned A.G.A. for the State and perused the record.
(3.) The facts giving rise to the present appeal may be summarized as under:- That Ajit Singh gave a verbal report at Police Station Swar on 21st January, 1980 at 11.30 p.m. stating therein that he along with his brother Hardeep Singh, Amrik Singh and uncle Jarnel Singh were keeping watch on the paddy field at 7.30 p.m. in the Moonlight, he saw Rikashpal Singh and Gurudayal Singh alias Billu and Suchcha Singh coming on their own Tractor and taking his Patela by their tractor. Rikashpal Singh and Suchcha Singh were armed with Tabal, Gurudayal Singh alias Billu had gun in his hand. When he asked them not to take Patela, they started using force and at that scuffle took place. The accused persons had inflicted injuries with Tabal and Gurudayal Singh alias Billu fired a shot which hit his brother Hardeep Singh, who died in the field. He and his companions also used force in their defence. During the scuffle broken gun of Gurudayal Singh alias Billu fell on the field. The miscreants made good their escape by tractor. He and his brother Amrik Singh sustained injuries.;