VIJAY KUMAR VERMA, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 7.5.2005 passed by Sri Gaur Chandra, the then Additional Ses ­sions Judge, Court No 3, Budaun in S.T. No. 965 of 2002 (State v. Nathu Singh and others) and connected S.T. No. 21 of 2003 (State v. Arvind and others) whereby the appellants -accused Nathu Singh, Vir Pal Singh, Arvind and Narendra Singh have been convicted and sentenced to undergo rigorous imprisonment for one year under section 147 I.P.C., two years rigorous imprisonment under section 148 I.P.C. and imprisonment - for life under section 302 read with section 149 I.P.C. in case crime No. 125/2001 of P.S. Islamnagar (Budaun).
(2.) THE appellants -accused Nathu Singh, Vir Pal Singh and Arvind have been acquitted by the impugned judgment in case crime Nos. 129/2001, 130/2001 and 131/2001 under section 25 Arms Act, but no appeal against their acquittal has been preferred by State of U.P. The incident resulting in the death of Mahendra Singh, father of the complainant Rakesh Kumar (P.W.I) resident of Vil ­lage Ladauri, P.S. Islamnagar, District Bu ­daun and co -accused Rishi Pal occurred on 26.5.2001 at about 4.00 p.m. in Sot river within the limits of village Ladauri. The case of the prosecution as appearing from the First Information Report (Ext. Ka -2) and statement of P.W.I Rakesh Kumar, in brief, is that on 26.5.2001, Sri Mahendra Singh, father of the complainant, had gone to see Vardana at wheat purchase centre, Mudia Dhureki. When at about 4.00 p.m. he was coming back to his house via village Jagat Pipri and was crossing Sot river, the ac ­cused Rishi Pal S/o Bhola Singh resident of Village Rasoli, Nathu Singh and Vir Pal Singh both S/o Prayag Singh, Narendra Singh S/o Shish Pal and Arvind S/o Vir Pal Singh residents of Village Ladauri, caught hold of Mahendra Singh in the river and fired shots on him. On hearing the noise of shrieks of his father, the complain ­ant Rakesh Kumar and his brother Awadhesh as well as the witness Suresh (P.W.2), leaving irrigation of their piperment -fields, rushed towards the river and saw that the accused Rishi Pal and Nathu Singh armed with tamanchas, Vir Pal Singh having paunia, Arvind armed with knife and Nar ­endra Singh having tabal were causing marpit with Mahendra Singh. Hearing the sound of fires, many people of village Jagat Pipri also carne on the river. Seeing them ­selves surrounded, Rishi Pal and Nathu Singh firing on the people, rushed towards the garden. In that firing, shot of some mis ­creant hit the accused Rishi Pal, due to which he fell down on the bank of river, but other accused fled away towards Vil ­lage Ladauri. After going away of the ac ­cused, when the complainant and other people came near, they saw that Mahendra Singh and Rishi Pal both were lying dead in the river. The complainant Rakesh Ku ­mar thereafter got the written report (Ext. Ka -1) scribed by Naresh Chandra Gupta and went to P.S. Islamnagar, where he handed over the report, on the basis of which chik F.I.R. (Ext. Ka -2) was prepared by P.W.3. Jorawar Singh, who registered a case at crime No. 125/2001 under sections 147, 148,149 and 302 I.P.C. against the ap ­pellants -accused along with the deceased -accused Rishi Pal on 26.5.2001 at 6.30 p.m., entry of which was made in G -D. No. 24 vide Ext.Ka -3.
(3.) S .I. Brij Kishore Dwivedi was posted as Station Officer at P.S. Islamnagar. He took up the investigation in his hands and proceeded to the place of occurrence along with S.I. Bachchu Singh and other police personnel. On his direction, S.I. Bachchu Singh (P.W.4) conducted inquest proceedings on both the dead bodies, dur ­ing which he prepared inquest reports Ext. Ka -4 and Ext. ka -10 alongwith connected papers Ext. Ka -5 to Ext. Ka -9 and Ext. Ka ­il to Ext. Ka -15. Thereafter, both dead bodies were sent in sealed condition for post mortem examination.;