Om Prakash, J. - (1.) Present Criminal Appeal has been preferred by the appellants Brij Raj Singh and Putan Singh against judgment and order dated 08.06.1983 passed by VI Additional Sessions Judge, Fatehpur in Session Trial No. 260 of 1981 whereby appellants were convicted and sentenced for the offence under Section 302 IPC read with Section 34 I.P.C. to undergo rigorous Imprisonment for life.
(2.) Brief facts of the case, as mentioned in the written report Ext. Ka-1 moved by informant P.W.-1 Gulab Singh at police station concerned on 26.01.1981 are as follows:-
(3.) In the night of 25/26.1.1981, complainant Gulab Singh resident of village Gangauli, police station Gafarganj and his mother Smt. Deo Rati were sleeping in the southern kothari; his brother's wife (mother of Gaya Pal) and his nephew Bachha Raj were sleeping in the eastern kothari and his nephew Gayapal (deceased) was sleeping in dalan in front of eastern kothari of the house. At about 11.30 p.m., on hue and cry of Gaya Pal - complainant, his brother's wife and nephew Bachch Raj came out of their respective rooms. They saw accused Braj Raj Singh s/o Ramadhar Singh, Ramadhar s/o Shiv Dayal Singh armed with Kulharis and accused Putan Singh armed with Pharsa and one unknown person armed with Gandasa running out from the place where Gayapal was sleeping towards other courtyard of the house. Witnesses raised alarm that aforesaid persons are running away after committing the murder of Gaya Pal, whereupon villagers, namely, Arun Singh, Kallu Singh and Vijai Bahadur Singh flashing their torches came inside house of complainant from main-door, which had already been opened by accused persons. Witnesses tried to apprehend the accused persons but extending threat to the witnesses they climbed over the roof by means of a ladder and ran away towards back side of the house. It was also mentioned in the written report that in the Dalan, where deceased Gaya Pal was sleeping, a lantern was burning and in its light as also in the light of torch flashed by witnesses, the assailants were recognized by complainant and the witnesses. Unknown person accompanying the accused could not be identified. It was further mentioned that thereafter they saw that Gaya Pal was lying dead on his cot in the pool of blood. It was also mentioned that on hue and cry, the police guard had also reached on the spot and they chased assailants but the Police guard could not trace them out. Regarding the motive of the occurrence it was alleged that at about 7 or 8 years prior to the occurrence in question there had been a Marpit and fight between accused persons etc., one side and Gaya Pal (deceased) on the other side wherein one Sukhpal Singh, grand-uncle of accused Braj Raj Singh, was killed and on account of said enmity, present accused persons with the help of Ramadhar Singh (since died) and one unknown person committed the murder of Gaya Pal Singh, nephew of the complainant.;