Dinesh Kumar Singh, J. - (1.) Heard Sri Dilip Kumar, learned Sr. Advocate assisted by Sri Akhilesh Singh, learned counsel for the appellants, Sri Arun Kumar, learned counsel for the complainant and Sri A.R. Chaursaiya, learned A.G.A. for the State.
(2.) This criminal. Appeal has been preferred against the judgment and order dated 31.8.1985 passed by the Sessions Judge, Sri Surya Prasad, in S.T. No. 34 of 1985 (State Vs. Hirday Ram and three others), whereby the accused-appellants Hirday Ram, Adiram, Rajvir and Udaivir have been held guilty under Section 302 read with Section 34 IPC and have been sentenced to imprisonment for life each.
(3.) The prosecution's case as mentioned in the F.I.R. is that on 5.7.1984, first informant Raghuvir Singh (PW-1) along with his uncle Ram Bharose (deceased) S/o Genda Lal, his father Lajja Ram S/o Genda Lal, his cousin brother Sukhvir Singh S/o Ram Bharose, were constructing wall of their house towards South by engaging a mason (mistri) namely Doji Ram S/o Gopi Jatav, R/o Village- Oodhan, P.S. Kurra, who was doing construction work and the material of work was being supplied by the first informant and the above mentioned persons and by this construction a door was being opened towards pond. Towards South-West of the said pond was located the house of Hirday Ram S/o Manjan of his village and adjoining to his own house towards South was the field of Hirday Ram. Seeing the said door being opened Hirday Ram (accused-appellant no. 1) and his sons namely Rajvir (accused appellant no. 3), Udaivir (accused appellant no. 4) and real brother of Hirday Ram namely Adiram (accused-appellant no. 2) came near the said wall and started saying that they should not try to open the door towards the pond because that would be detrimental to them. At this, the first informant's uncle Ram Bharose told that pond did not belong to them and they would certainly open the door in that direction. Thereafter, the accused-appellants named above became deeply annoyed and started abusing them and would say that they would not allow the door to be opened in that direction. Thereafter, the first informant's uncle again stated that they could not stop him and simultaneously he along with Adiram directed his sons that they should bring gun and pistol. In the meantime, when the dispute was escalating between them, some villagers namely Ahibaran Singh (PW-2) S/o Sahookar, Aayaram S/o Sudhar Singh and Soran Singh Yadav R/o Dara Mauja Ginauli, P.S. Danahar reached there and tried to counsel Hirday Ram and other accused persons but Rajvir armed with his single barrel gun of 12 bore and Udaivir armed with country made pistol reached there and while the construction of the said wall was going on, both Rajvir and Udaivir, from the front of their house from across the pond took aim towards the first informant and other persons and fired upon them which resulted in his uncle Ram Bharose (deceased) receiving fire arm injury of pallets who became badly injured because of the pallet injuries and succumbed to the injuries while accused-appellants Hirday Ram, Adiram, Rajvir and Udaivir fled towards South from there. This occurrence happened at about 4:00 pm in the evening.;