Dinesh Kumar Singh, J. - (1.) Heard Sri Dileep Kumar, learned counsel for the appellant, Sri R.B. Singh, learned counsel for the complainant and Sri Irshad Husain, learned Brief Holder of the State.
(2.) These criminal appeals have been preferred against judgment and order dated 09/07/2015 passed by the Special Judge (EC Act)/Additional Sessions Judge, Ghaziabad in ST No. 1299 of 2004, State vs Rakambeer and 3 others under sections 147, 148, 302/149, 307/149, PS Vijan Nagar arising out of case crime no. 608 of 2002, by which accused Rakambeer, Seelak alias Salek, Dhiraj and Ajay have been held guilty under sections 302 read with sections 149 IPC and have been convicted with life presentment and a fine of Rs. 50,000 each and in default of payment of fine 2 years simple imprisonment; they have also been convicted under sections 307 read with sections 149 IPC and have been awarded punishment of 10 years rigorous imprisonment and a fine Rs. 25,000/- and in default of payment of fine one year additional simple imprisonment; they have also been convicted under sections 147 IPC and have been convicted with 2 years simple imprisonment and they have also been convicted under sections 148 IPC and have been awarded punishment of 3 years simple imprisonment. It is further and when directed that all the sentences shall run concurrently and the period spent in jail would be adjusted and their period of sentence.
(3.) According to the prosecution version the informant Satpal lodged an F.I.R. on 20/11/2002 at 9 9:30 AM stating therein that on the said date at about 8 AM he along with his brother-in-law (bahnoi) Indar Pahalwan , nephew (bhanja) Badal, driver Ballu, Mausa Rambal and Jagdish Gupta had gone for raising boundary wall of their plot, right then the nephew (bhatija) Jitendra son of Shyam Singh of D.P. Yadav and 2 others reached near them on a Maruti Zen car as well as one motorcycle and before they could realise what was it all about, Jitendra and Rakambeer had also reached there with another person and Jitendra stated that here were Satpal and Indar who had picked up row with his uncle D P Yadav and had got his relative Parmanand Yadav killed, therefore both of them should be done to death, at this they all took out weapons which were concealed in their clothes and started firing. Seeing the firing taking place the informant and his companions started fleeing from there, then these three persons made fire upon Indar Pahalwan and driver Ballu. On their raising alarm his Bhanja Badal, Mausa Rambal and Jagdish Prasad reached the spot and saw that both Indar Pahalwan and Ballu were lying injured. The informant along with the help of these persons took both the injured to Yashoda nursing home for being treated. While leaving the spot Jitendra and Rakambeer kept raining bullets upon them saying that he escaped this time but he and his family would not be left alive as they had picked up row with D.P. Yadav. This attack on him and killing of his Bahnoi Indar Pahalwan was given effect by nephew of D.P. Yadav, Jitendra and one Rakambeer along with one another person in conspiracy with D.P. Yadav, Member Parliament. The unknown person could be identified by him. This occurrence took place as a result of enmity being harboured by D.P. Yadav.;