Sudhir Agarwal, J. - (1.) Heard Sri G. S. Chaturvedi, learned Senior Counsel assisted by Sri Prashant Vyas, learned counsel for appellants and Sri Rishi Chhadha, learned Additional Government Advocate for State.
(2.) This criminal appeal has been preferred against judgment and order dated 31.5.1982 passed by learned IVth Additional Sessions Judge, Bulandshahr in Sessions Trial No.486 of 1981 under Section 302 and 307 read with 34 IPC, Police Station-Aurangabad, District-Bulandshahr, arising out of Case Crime No.305 of 1981 whereby Appellant no.2 has been convicted u/s 302 and 307/34 IPC and sentenced for life u/s 302 IPC and 7 years Rigorous Imprisonment u/s 307/34 IPC. Remaining appellants 1, 3 and 4 are convicted u/s 302/34 and 307/34 IPC and sentenced to imprisonment for life on the first count and 7 years Rigorous Imprisonment on the second count.
(3.) Facts giving rise to present appeal, as per FIR version, are that, in morning time on 20.10.1981, one Mahavir Singh was paving way in front of his house by getting filled it with soil, due to which public path was going to be closed. Informant PW-1, Rajmal Singh along with Pradhan of village namely Jagan Singh, and some others, went to Mahavir Singh and raised objection. Thereafter on same day i.e. 20.10.1981 at 5 pm, Mahavir Singh brought a single barrel gun of Rishal Singh and also asked accused Neerpal Singh, Nem Singh and Rambhool Singh to bring their respective weapons so as to make Informant as well as others to pay. All these three accused brought single barrel guns and country made pistol. Mahavir instantly opened fire. Due to fear, Informant ran towards house of his brother namely, Hansraj. On hearing noise as well as sound of gunshot, co-villagers Satyapal Singh, Rajpal Singh, Hoshiyar Singh, Kripal Singh and Ranvir Singh came over there. Despite the fact that aforesaid co-villagers had arrived there, accused persons opened 5-6 fire shots with an intention to kill, which hit PW-1, Informant on his head, and on eyebrow and chest of PW-2, Manvir Singh. Informant's brother Hansraj asked from inside house as to who had opened fire at his brother and peeped out. At the same time accused Neerpal Singh opened fire at him hitting on his head and he fell backwards. Thereafter, villagers also reached there. Informant put his brother Hansraj on a cot and while going to Police Station along with injured Manvir Singh and Rajmal Singh (Informant) on tractor-trolley of Pradhan namely, Jagan Singh accompanied by Parmal Singh, Jihan Singh, Jagpal Singh and Brijendra Singh, Hansraj died near Pavsara Mod (Turn). FIR was lodged with police on the same day i.e. 20.10.1981 at 19.50 pm.;