B.K.SHARMA, J. - (1.) CAPITAL Case (Crl. Appeal) No. 480- of 1996 has been preferred by the accused-appellants Ram Das Krishna Pal and Narendra Pal alias Bhurey against the judgment and order dated 14-3-1996 by Sri Surendra Kumar, the then IXth Additional Sessions Judge, Pilibhit in S.T. No. 116 of 1992, Slate v. Ram Das and others, and connected S.T No. 115 of 1992, whereby he convicted them of the offence under Section 302, I.P.C. and sentenced each one of them to death and also to pay a fine of Rs. 2,000/-each and in default of payment of fine to further R.I. for 6 months each and also directed that the fine amount when realised, be given to Mathura Prasad in­formant as compensation. The learned Sessions Judge made reference under Sec­tion 366, Cr. P.C. for confirmation of sen­tence of death awarded by him in this Ses­sions Trial to the above accused persons. The Capital case (Crl. Appeal) and the Reference have been heard together and are being disposed of by this judgment and order.
(2.) THE learned Sessions Judge had charged Ram Das, Krishna Pal, Vijai Singh and Narendra Pal alias Bhurey with the offence under Sections 302 and 302/34, I.P.C. for the murder of Smt. Shyam Kun-war, Rameshwar Dayal and Natthu Lal and also for the offence under Section 307/34, I.P.C. for firing at Naresh Kumar and Anokhey Lal. Vijai Singh accused was also tried at the trial for the offence under Section 25 of the Arms Act for having been found in possession of the country made 'Tamancha' with two live cartridges without licence. The following pedigree will help to appreciate the facts of this case: (Accused) All the deceased and accused persons were resident of village Narainpur, PS. Barkhera, District Piiibhit. It is a triple murder case. Apart from Smt. Shyam Kunwar wife of Ramesh­war Dayal and Rameshwar Dayal himself, one Natthu Lal who was stranger to the pedigree aforementioned also was mur­dered in this case. The house of Ramesh­war Dayal was North faced. To the West of the house of Ramesnwar Dayal deceased, there was the house of Ram Das accused-appellant and to the East of the house of deceased was a Baithak and Chhapper of Ram Das accused- appellant. To the East of this was a Rasta running from North to South (in short Eastern Rasta). Adjoining this Rasta there was a Nala (water chan­nel). To the east of this Rasta was the house of Manohar Lai. To the south of the house of Ram Das accused, Rameshwar Dayal deceased and the Baithak of Ram Das ac­cused appellant there was a Rasta running from West to East (in short southern Rasta). In the east it joined the eastern Rasta situated to the East oi Baithak and Chapper of Ram Das accused-appellant. There was a other Rasta situated to the North of the house of Ram Das accused-appellant which came from West to East (in short West-East Rasta) and it joined the Rasta which started from the northern door of the house of Rameshwar Dayal deceased and went towards North-East (in short Western Rasta) and joined the aforesaid Eastern Rasta and then went further towards North. There was village Abadi to the North of the house of Ram Das (across the West-East Rasta) and towards West of the Western Rasta, con­sisting of the houses of Angney Lai, Mool Chand and also Kuchcha house property of Ram Das accused-appellant. To the East of the junction of the Western Rasta and the Eastern Rasta, there was a large Talab. Mathura Prasad, the informant in this Case, is resident of village Jyorah Kalyan-pur, P.S. Barkhera. Ram Swaroop aforesaid was bachelor and Rameshwar Dayal deceased and Smt. Shyam Kunwar deceased were issueless. Informant Mathura Prasad was examined as P. W. 1 at the trial. He was brother of Syam Kunwar deceased who was wife of Rameshwar Dayal deceased. Rameshwar Dayal deceased owned 25 bigha of agricultural land and grove.
(3.) THE occurrence related to 27-4-1992. The prosecution story was that one day prior to it i.e. on 26-4-1992 at about 8.00 p.m. Ram Das, Narendra Pal alias Bhurey and Krishna Pal accused-appel­lants and Vijai Singh accused came to the house of Rameshwar Dayal deceased and told him that he had become very weak and was also issueless and urged him to trans­fer his land in their name and made an undertaking to maintain him, that Rameshwar Dayal deceased declined to do so, whereupon, these persons went back annoyed threatening that they will teach him a lesson for not getting the land mutated in their names. The prosecution story further was that on the date of occur­rence at about 6.15 a.m., informant Mathura Prasad was sitting at a cot at the house of Rameshwar Dayal, deceased and Smt. Shyam Kunwar deceased was also present at the house, that at that time, Krishna Pal, Ram Das and Narendra Pal, accused-appellants and Vijai Singh ac­cused entered the house. That out of them Ram Das and Krishna Pal accused- appel­lants were carrying Banka and Narendra Pal accused- appellant and Vijai Singh accused were carrying Tamanchas, that all the 4 culprits hurled abuses and asked as to where Rameshwar Dayal deceased was and when Smt. Shyam Kunwar deceased told them that he (Rameshwar Dayal deceased) had gone to ease himself, Krish­na Pal accused-appellant picked up the licenced single barrel gun of Rameshwar Dayal deceased lying on the cot, that Smt. Shyam Kunwar deceased tried to snatch the gun in the course of which, she reached at the door of the house, that at that time Krishna Pal accused-appellant fired at her (Smt. Shyam Kunwar) with that gun from a close distance which fire struck in her ab­domen and Ram Das accused-appellant attacked at her with Banka due to which she fell down and died, that on the alarm raised by her and on hearing the sound of the fire, Natthu Lal deceased, Naresh Kumar P. W. 2 and Anokhey Lal P. W. 3 and others came, that in the meantime, Rameshwar Dayal deceased was coming from the side of the Talab after easing himself, that as soon as Rameshwar Dayal deceased came on this Rasta between the house of Ram Das and the Talab, all the 3 accused-appellants and the 4th accused Vijai Singh surrounded Rameshwar Dayal deceased and attacked him with Banka, Gun and Tamancha, that the gun was used for assaulting from the side of the Butt, that Narendra Pal accused-appellant fired at Rameshwar Dayal deceased but the fire did not strike him, that due to the injuries Rameshwar Dayal deceased fell down at the spot and died, that Krishnapal ac­cused-appellant had broken the gun of Rameshwar Dayal deceased and thrown it into his house (Rameshwar Dayal deceased's) that on the challenge being given by the witnesses, Narendra Pal ac­cused-appellant fired towards them which strack Natthu Lal deceased who conse­quently fell to the ground, that Ram Das accused-appellant then assaulted Natthu Lal deceased, with Banka using it like a blunt weapon, that Natthu Lal deceased also died at the spot that accused-appel­lant Narendra Pal fired one more shot towards the witnesses but it did not strike any one of them that after committing the triple murder, the accused-appellants and Vijai Singh accused gave threat that if any person of the village came forward, he also will be shot dead and that whoever will go to lodge the report, will also meet the same fate and that the person who will go to give evidence against them will also be dealt with in the same manner. After departure of the accused- appellants and the accused Vijai Singh, informant Mathura Piasad went to the police station and lodged a written F.I.R. there at 8.00 a.m. at P.S. Berkhera District Pilibhit on whose basis a check report was prepared and the case was registered against all the 4 accused nominated therein.;