P. N. Harkauli, J. - (1.) JAMSHED and his son Kunwar Khan have preferred these appeals against the judgment and order passed by the learned IIIrd Additional District and Sessions Judge, Saharanpur. JAMSHED, appellant in appeal No. 745 of 1977, has been convicted under Section 302 IPC and Section 25 (1) (a) of the Arms Act and has been sentenced to death on the first count and one year's R.I. on the second count. Kunwar Khan has been convicted under Section 302/34 IPC and sentenced to imprisonment for life.
(2.) THERE is also the usual reference for the confirmation of the sentence of death passed against Jamshed. Four persons,, namely, Qabool Ahmad(70), his son Jamshed, appellant (45) and Jamshed's two sons Vakil Baboo (20) and Kunwar Khan, appellant (16) were put on trial before the learned IIIrd Additional District and Sessions Judge, Saharanpur on the allegations that on 21-6-1976 at about 5 p.m. in village Gadharana P. S. Manglore, district Saharanpur, in furtherance of the common intention of the four accused persons, Jamshed appellant committed the murder of Ram Singh by firing at him with a country made pistol, which was recovered from his possession a little later, and Kunwar Khan appellant gave a blow with a Balkati (a sharp edged weapon) to the deceased. The prosecution case, in brief, was that at the relevant time Dilawar Singh, informant, was employed as Vassolyabi Amin in Tahsil Roorki district Saharanpur. On the day in question the Amin had gone i to village Godrona with his peon, Ram Singh deceased, for realising government dues. He made realisations from different persons during the day at the Baithak of one Tara Chand Pandit. At about 5 p. m. Jamshed appellant came ' to the house of Tara Chand Pandit and told Dilawar Singh to calculate the amount due from him. He said that he would pay the amount due from him at his house and asked Dilawar Singh to come to his place. Accordingly Dilawar Singh and his peon Ram Singh went with Jamshed to his house. Jamshed took both of them to the Tukariya (some sort of room) inside his house and seated them there. Jamshed's father Qabool Ahmad and his two sons Kunwar Khan and Vakil Baboo also came to that place. These persons asked the informant how much money was due from them and the informant told them that the sum of Rs.33000/- was due from them. Thereupon Jamshed told the informant to write out a receipt. On this Ram Singh deceased, said that no receipt could be prepared unless the money was paid. Jamshed, however, insisted on the receipt being prepared saying 'Raseed kaise nahi kat sakti'. Ram Singh then enquired in a defiant tone as to what the accused persons could do if the receipt was not prepared. At this stage Qabool Ahmad and Vakil Baboo caught hold of Ram Singh and Jamshed appellant took out the pistol which he had kept hidden and shot at Ram Singh from almost point balank range, under the ear. Kunwar Khan brought a Balkati and give a blow with it on the neck of Ram Singh. Ram Singh fell dead at the spot. Thereafter Jamshed appellant told the informant to write out the receipt. Out of fear the informant prepared the three receipts (Exhibits Ka-1 Ka-2 and Ka-3) under a back date, as desired by Jamshed, and handed over the same to Jamshed. Thereafter the four accused persons detained the informant inside the Tukariya.
(3.) A little later Daya Ram (PW 2) happened to come to that place in search of the Amin and then Jamshed appellant took him also inside the Tukariya at the point of pistol and detained him too inside the Tukariya. At about 9 p. m. when it became dark the four accused persons put some Phoos and Bhoosa and kandas in the Buggi, which was standing in the Angan sand then forced the informant and Daya Ram to help in putting the body of the deceased Ram Singh in the Buggi. They also put a tin of Kerosene oil in the Buggi. While this was being done Daya Ram got an opportunity and he fled from there into the abadi of village and started raising alarm.; On hearing the alarm Suraj Bhan (PW 3), Madan Giri (PW 4) and some other residents of the village reached the spot and apprehended the four appellants. They also snatched the pistol from the hand of Jamshed appellant and also took the three receipts (Exhibits Ka-1 to Ka-3) out of the pocket of Jamshed.;