Dinesh Kumar Singh, J. - (1.) The present appeal is directed against the judgment and order dated 12.11.1999 passed by IInd Additional Sessions Judge, Hardoi in Sessions Trial No.286 of 1982 under Sections 147, 148, 302/149, 307/149 IPC arising out of Case Crime No.344 of 1979, Police Station-Shahabad, District Hardoi.
(2.) The prosecution story as emerges out from the record is that the complainant, Rajesh Pal on 23.10.1979 gave a written complaint, Exh.Ka-1 alleging that there had been a long drawn enmity with respect to land between Gram Pradhan, Bateshwar Dayal and the accused, Vijay Bahadur. Family members of accused, Prem Kumar used to support Vijay Bahadur. They would create illegal pressure on the Village Pradhan. The complainant and other persons of the village would support the Village Pradhan. On 23.10.1979 when the complainant and his father, Puttu Lal were watering their field from pumping set on the East of the village, at that time Vijay Bahadur and Ram Kripal came across the boundary of the field carrying fodder and because of the water, Vijay Bahadur slipped and fell down. On which hot talk and altercation took place between the complainant, his father and accused, Vijay Bahadur and Ram Kripal. Vijay Bahadur and Ram Kripal went towards the village threatening the complainant and his father that complainant side had gone out of their mind and today they would settle the score with them. The complainant and his father, however, remained there and continued watering the field. At around 5:30 P.M. the accused, Bhagwat Sahai, Prem Kumar, Awadesh and Kamlesh armed with guns, Mithilesh armed with rifle and Darshan armed with Kanta (spade) and Ram Naresh, Vijay Bahadur and Ram Kripal, brother-in-law of Vijay Bahadur armed with lathies came towards the complainant from the village. The accused, Prem Kumar exhorted "Be careful, today the matter would be finally decided.". At that time, Ram Pal (deceased) the brother of complainant, armed with his licensed gun and his brother Shripal who was going to their home from school through railway line and reached near the orchard of one Buddha, Ram Pal and Shripal also exhorted. On this Prem Kumar and others turned towards Ram Pal and Shripal, brothers of the complainant. Complainant and his father also reached there by raising alarm and armed with lathies. Prem Kumar and Bhagwat Sahai fired at his brothers which hit Ram Pal, the deceased. Ram Pal fell down after receiving the gun shot injury. Prem Kumar exhorted "kill everyone, nobody should go alive". On this the accused fired many rounds. In self defence Shripal took the gun of Ram Pal which had fallen after the deceased Ram Pal fell down and fired. Prem Kumar and others started firing and Shri Pal also fell down after receiving the gunshot injuries. On hearing noise and gun fire shots, Ram Hetu son of Lalai, Krishna Pal Singh s/o Mishri Lal, Bhagwansaran s/o Jagannath and many other persons reached there running. These people witnessed the accused assaulting the complainant side by firearm, kanta and Lathi. These people exhorted then Prem Kumar and others taking the gun of Rampal, ran towards the village. Ram Pal had died due to fire arm injury. Complainant and others received grievous injuries from lathi kanta and gunfire. He came to the police station with his father and brother and gave the complaint for registering the first information report and taking necessary action. The dead body remained lying at the place of incident.
(3.) On the basis of aforesaid complaint, Exh.Ka-1, the case was registered at report No. 32 at 18:30 Hours on 23.10.1979 against accused, Bhagwat Sahai, Prem Kumar, Awadhesh, Mithlesh, Darshan, Kamlesh, Ram Naresh, Vijay Bahadur and Ram Kripal under Sections 147, 148, 149, 307, 302 and 379 IPC. Shri Mohan Singh, Sub-Inspector was entrusted with the investigation.;