POONAM SRIVASTAV,J. - (1.) THIS is an appeal on behalf of four appellants namely Ram Charan son of Sikdar Singh, Photnu son of Ram Charan Singh, Shiv Raj Singh son of Shamsher Singh and Pritipal Singh son of Shamsher Singh. Their conviction is under Section 307/34 I.P.C. and sentence is four years R.I. Ms. Anita Srivastava Advocate was appointed as Amicus Curiae by this Court vide order dated 20.11.2009. She appeared today and argued on behalf of appellants. Sri A.K. Jain, learned A.G.A. appeared on behalf of the State.
(2.) THE occurrence is alleged to have taken place on 5.2.1980 at 9.00 A.M. and the F.I.R. was lodged on the same day at 12.15 P.M. by PW-1 Jogendra Singh of village Khiriyamal, at Police Station Tilhar, District Shahjahanpur situated at a distance of 4 Miles from the place of occurrence. The facts of prosecution case briefly stated are that the accused Ram Charan is the father of the accused Photnu. The accused Shiv Raj Singh and Pritipal Singh are brothers and are related to the accused Ram Charan and Photnu.
(3.) THE occurrence in question had taken place on 2.2.1980. About fifteen or twenty days before the occurrence in question, Jogendra Singh (PW-1) had purchased 'ghoora' for Rs. 25/- from Smt. Surajwati, an aunt of the accused Ram Charan. Jogendra Singh (PW-1) carried the said 'ghoora' in a bullock-cart and was driving the same towards his field. When he reached with his bullock-cart in front of the door of Ram Charan, later he said that he would not permit him to take that 'ghoora' and he abused Jogendra Singh (PW-1). Ahbaran Singh reached there and settled the dispute. The bullock-cart passed off, but the accused felt ill. Jogendra Singh (PW-1) had two sons namely Suresh Singh and Wiresh Singh. On 5.2.1980 at about 8.00-9.00 A.M. Wiresh Singh and his cousin brother Ram Kishore were returning from their field after collecting grass in village Khiriyamal, within the circle of police station Tilhar, district Shahjahanpur. Wife and children of the accused Ram Charan dragged Wiresh Singh aged about ten or eleven years, into their house. Ram Kishore gave its information to Jogendra Singh (PW-1). Suresh Singh (PW-2) was on his field when he was also informed about the incident. Jogendra Singh (PW-1) and his wife went to the house of Ram Charan and brought back their son Wiresh Singh from there. ;