A N. Dikshita, J. - (1.) THESE four Criminal Appeals arise out of the judgment and order dated 10-9-1982 passed by the III Additional Sessions Judge, Mathura, in Sessions Trial No. 28 of 1982 convicting the appellants Titu, Ram Babu, Ashok Kanja and Rajendra under sections 302/34 IPC and sentencing them to imprisonment for iife.
(2.) TITU has filed Criminal Appeal no. 2489 of 1982, Ram Babu has filed Criminal Appeal No. 2529 of 1982, Ashok Kanja has filed Criminal Appeal No. 2530 of 1982 while Rajendra has filed Criminal Appeal No. 2719 of 1982. One Gopinath resided with: his sons Chandra Bhan, PW 3, Rajendra, Vinod, Vrishbhan and Satya Bhsan alias Satto (hereinafter called Satto) in Mohalla Ghiya Mandi in the city of Mathura. The prosecution story as; is revealing from the record,is that a day prior to the occurrence while Janakpuri was being decorated in Mohalla Ghiya Mandi, a verbal altercation took place between Vrishbhan and appellant Titu. However, with the good offices of the residents of the locality they were separated.
(3.) IN Mohalla Mandi Ram Das in the city of Mathura a woman called Mai aged between 35-40 years was residing with her young daughters This woman was of a shady character. It is alleged that Titu appellant asked Vrishbhan to tell his brother Satto mot to visit the house of this woman otherwise dire consequences would ensue. Vrishbhan did not like this and asked Titu appellant as to why his brother Satto is being defamed. Vrishbhan was then threatened by Titu appellant telling him that if his message is not conveyed to Satto he would break his hands and feet. Satto, a well known Dada (notorious character of the town went that very night to the house of Titu which was at a distance of about 50 paces from his house. Titu was note present at his house but abuses were hurled at him whereafter Satto returned to his house. On 18-10-1981 at about 1.15 P.M. Satto and Chandrabhan, PW 3, were going to Sangeet Talkies, where they had their restaurant, on the rickshaw of Hari Shankar, PW 1. As they had reached near Gali Ganga Dayal in Mandi Ram Dass, the four appellants met them. Ram Babu appellant was armed with a country made pistol while the remaining appellants were holding knives. After stopping the rickshaw all the appellants began to pull down Satto from the rickshaw and when Chandrabhan, PW 3, tried to come in between to save Satto the appellant Ram Babu fired at him. The shot missed the target and did not hit Chandrabhan PW 3? who jumped out of the rickshaw. Satto was then pulled down from the rickshaw and appellants Titu, Ashok Kanja and Rajendra assaulted him with knives. In a quest to save his life Satto ran 10-12 paces from the spot into a lane (gali Ganga Dayal) but was fired at by Ram Babu appellant resulting in gunshot injuries to his person. After about 4- 5 paces Satto fell down and died (Gali Ganga Dayal). The appellants thereafter took to their heels.;