Krishna Pratap Singh, J. - (1.) This Criminal Appeal has been filed against a judgement and order dated 29.10.1983 passed by the IX-Additional Sessions Judge, Etah in Sessions Trial No. 139 of 1983, arising out of Case Crime No. 28 of 1982, under section 302/34 IPC, Police Station Baghwala, district Etah whereby the learned Judge convicted and sentenced the appellants Hem Singh, Prakash, Sughar Singh and Aram Singh to life imprisonment under Section 302/34 IPC.
(2.) As appellant Hem Singh has died during the pendency of this appeal, the appeal preferred by him against his conviction and sentence stands abated vide order dated 17.2.2016 and only the appeal filed on behalf of remaining three appellants Prakash, Sughar Singh and Aram Singh survives and is being decided.
(3.) In short compass, the facts of the case are that a written report was handed over by the first informant Mahendra Singh, son of Shri Mulayam Singh Yadav, resident of Kundanpur, police station Baghwala, district Etah at police station Baghwala to the effect that his father had purchased about 12 Bighas of land from Anar Singh, son-in-law of Kundan, some portion of the land was got registered and for some portion, agreement was made. Kundan was the real brother of Mahtab and Trimal and he had no issue. Mahtab and Trimal wanted the said land, but Anar Singh did not give the land to him, due to which they were harbouring enmity with the informant's father. It is further mentioned in the report that a day before, his wheat crop had been harvested by the sons of Mahtab and Trimal for which a Panchayat was convened by the informant's father, which was attended by the persons of adjacent villages. At about 3.00 P.M., Hem Singh and Sughar Singh carrying lathi and Prakash and Aram Singh armed with licensed guns of their fathers, came to their Chaupal (meeting place) and on the exhortation of Hem Singh and Sughar Singh "Kill him, as he had dared to convene Panchayat" (Maro sale ko yeh bahut panchayat bulata hai), Prakash and Anar Singh with their respective guns, with an intention to kill, fired at his father, which hit him on the face and chest and the accused fled away. After being hit by the bullets, his father fell down, who was taken to the police station on a bullock cart, but on the way, he succumbed to the injuries. The incident was witnessed by co-villagers Shyam Babu and Ram Babu, who were present at the Panchayat, Naresh of Isaypur, Sheeshram of Malawan also arrived at the spot and witnessed the occurrence.;