Subhash Chandra Agarwal, J. - (1.) THIS criminal appeal has been filed against the judgment and order dated 11.3.2005, passed by Addl. Sessions Judge/Special Judge, E.C. Act, Meerut in Sessions Trial No. 821 of 1999 whereby Appellants (1) Sajendra, (2) Yogendra alias Toni, (3) Sanjay and (4) Santoo were convicted under Sections 148 and 302/149, I.P.C. Each of the Appellant was sentenced to R.I. for two years under Section 148, I.P.C. and to life imprisonment with fine of Rs. 5,000 with default clause under Section 302/149, I.P.C. Both the sentences awarded to the Appellants were directed to run concurrently.
(2.) THE incident took place on 24.4.1999 at 5.30 p.m. in village Tigri, P.S. Mawana, district Meerut. The F.I.R. (Ext. Ka -1) was lodged by the complainant Ranvir Singh (P.W. 1) on the same day at 6.40 p.m. at P.S. Mawana. The prosecution story as unfolded in the F.I.R. is that there was long standing enmity between the families of Ranvir Singh (P.W. 1) and Appellant Sajendra. On 24.4.1999, Ranvir Singh (P.W. 1), his brother's brother -in -law (sala) (Sudhir (P.W. 3) were going to complainant's fields to supervise the harvesting of wheat crop. At about 5.30 p.m., as they reached near the house of Jal Singh, complainant's brother Raj Singh and nephew Arvind (both deceased) came from Mawana side on Bullet motorcycle No. D.L. 4 -S -E -1922. As their motorcycle reached in front of house of Atar Singh, accused Satya Prakash and Appellant Sajendra armed with rifles, Robin, Appellants Sanjay, Yogendra alias Toni and Santoo armed with country -made pistols, came out of field of Raghuvir Singh and stopped the motorcycle of Raj Singh. Satya Prakash exhorted his companions to kill them. On alarm being raised, Rajvir Singh (P.W. 2) also reached there. Sajendra fired from his rifle hitting Arvind from behind. Arvind fell down from the motorcycle. Thereafter, Robin and Sanjay opened fire at Arvind with country -made pistols. Raj Singh left the motorcycle and ran towards his house. All the accused chased Raj Singh, surrounded him in front of house of Jal Singh, and opened fire at Raj Singh who got injured and fell down at the door steps of Jal Singh. Satya Prakash shot Raj Singh in the head. All the accused went away towards jungle in the South. Neighbours felt terrorised and closed their doors. Complainant and witnesses went near Raj Singh and Arvind and found them dead. Ranvir Singh (P.W. 1) wrote the written report Ext. Ka -1 and gave it at Mawana Police Station on the same day at 6.40 p.m.
(3.) ON the basis of written report, Ext. Ka -1, Head Moharrir Chhotey Singh (P.W. 5) prepared check report Ext. Ka -5 on 24.4.1999 at 18.40 hours and the case was registered at Crime No. 266 of 1999 under Sections 147, 148, 149 and 302, I.P.C. against the accused persons and an entry was made in the G.D. at 18.40 hours on 24.4.1999 at serial No. 99 (copy Ext. Ka -6). S.H.O. Sri K.N. Singh (P.W. 6) was not present at the police station at the time of lodging of the F.I.R., but was present in the qasba Mawana to monitor Moharram procession. He was informed about the incident through wire -less set.;