Harsh Kumar, J. - (1.) The present appeal has been filed against the common judgment and order of conviction passed by 3rd Additional Sessions Judge, Bareilly on 10.10.1988 in S.T. Nos. 387 of 1986 & 615 of 1987, convicting the four appellants for the offences under Sections 302/34 & 307/34 I.P.C. and sentencing them with imprisonment for life and rigorous imprisonment for a period of 7 years respectively, for the two offences.
(2.) The brief facts relating to the case are that on written report of Narender Singh, a F.I.R. under Section 307 I.P.C. was lodged at P.S. Bishartganj, District Bareilly at 1:25 a.m. on 5.7.1986 at Case Crime No. 70 of 1986 against the four accused-appellants. As per averments made in F.I.R. the incident in question did take place at about 10:00 p.m. on 4.7.1986. The allegations of F.I.R. lodged by Narender Singh are as follows:- "the Khandhar [1] of applicant/informant and his cousin brother Ahibaran and others is adjoining to the fields and gher of Netrapal Singh and Chatrapal Singh sons of Nanhe Singh and over its boundary [3] hot talks have been exchanged at several times; that on 4.7.1986 when applicant/informant put demarcation [4] for sowing vegetables over his plot, Ashok Kumar Singh and Omkar Singh raised objections and exchanged hot talks with him and his family members and Ashok Kumar left with threatening; that at about 10:00 p.m. when they were sitting and talking in the courtyard of Ahibaran and lantern was on under Khapdail [5], Ashok Kumar armed with licensed gun, Omkar and Sarvesh Pal Singh armed with pistols and Suresh Pal Singh armed with Lathi came there; that Suresh Pal Singh and Sarvesh Pal Singh sons of Nanku Singh, belongs to the party of Ashok Kumar Singh; that Suresh Pal Singh asked the informant as to why he has raised boundary by extending it in the house of Ashok, upon which his nephews Vijay Kumar Singh, Shreepal Singh and brother-in-law Ahibaran Singh, residents of District Pilibhit intervened with their reply, upon which Suresh Pal asked Ashok and Omkar to cause their death and Omkar and Ashok with an intention to cause their death fired at them with their pistols and gun causing injuries to Vijay Kumar Singh and Shreepal Singh; that on their alarm Bihari Singh, Prempal Singh, Saddhu Singh and Ahibaran Singh, who were present there called the accused persons, who fled away". "the Khandhar [1] of applicant/informant and his cousin brother Ahibaran and others is adjoining to the fields and gher [2] of Netrapal Singh and Chatrapal Singh sons of Nanhe Singh and over its boundary [3] hot talks have been exchanged at several times; that on 4.7.1986 when applicant/informant put demarcation [4] for sowing vegetables over his plot, Ashok Kumar Singh and Omkar Singh raised objections and exchanged hot talks with him and his family members and Ashok Kumar left with threatening; that at about 10:00 p.m. when they were sitting and talking in the courtyard [2] of Ahibaran and lantern was on under Khapdail [5], Ashok Kumar armed with licensed gun, Omkar and Sarvesh Pal Singh armed with pistols and Suresh Pal Singh armed with Lathi came there; that Suresh Pal Singh and Sarvesh Pal Singh sons of Nanku Singh, belongs to the party of Ashok Kumar Singh; that Suresh Pal Singh asked the informant as to why he has raised boundary by extending it in the house of Ashok, upon which his nephews Vijay Kumar Singh, Shreepal Singh and brother-in-law Ahibaran Singh, residents of District Pilibhit intervened with their reply, upon which Suresh Pal asked Ashok and Omkar to cause their death and Omkar and Ashok with an intention to cause their death fired at them with their pistols and gun causing injuries to Vijay Kumar Singh and Shreepal Singh; that on their alarm Bihari Singh, Prempal Singh, Saddhu Singh and Ahibaran Singh, who were present there called the accused persons, who fled away".
(3.) The written report Ext. A-1 was scribed by Ahibaran Singh on the basis of which Chik F.I.R. Ext. A-3 was prepared at P.S. Bisharatganj, District Bareilly. The two injured Vijay Kumar Singh and Shreepal Singh were sent to District Hospital, Bareilly and by the time of reaching District Hospital, Bareilly injured Shreepal succumbed to the gunshot injury caused by accused-appellants while medical examination of injured Vijay Kumar Singh was done by the Medical Officer at District Hospital, Bareilly. The I.O. after preparing the inquest report of Shreepal deceased, collecting the injury report of Vijay Kumar Singh, post-mortem report of Shreepal Singh deceased, preparing the recovery memos of lanterns, blood stained and simple earth etc. and taking them in custody, making enquiry from and recording the statements of witnesses under Section 161 Cr.P.C. completed the investigation and submitted charge-sheet Ext. A-9 against the accused-appellants Sarvesh Pal Singh, Suresh Pal Singh and Omkar Singh and supplementary charge-sheet against accused-appellant Ashok Kumar Singh under Section 302/307 I.P.C. The case of accused-appellants Sarvesh Pal Singh, Suresh Pal Singh and Omkar Singh was committed to Sessions and registered at S.T. No.387 of 1986 and subsequently upon submission of charge-sheet against co-accused appellant Ashok Kumar Singh and committal of his case to Sessions it was registered at S.T. No.615 of 1987. Since the two sessions trial arose out of one and same criminal incident dated 4.7.1986, the two sessions trials commenced and proceeded together and evidence was recorded in leading Sessions Trial No.387 of 1986.;