Govind Mathur, CJ. - (1.) To examine correctness of the judgment dated 19.09.1983 passed by learned IVth Additional Sessions Judge, Etawah in Sessions Trial No. 186 of 1982, instant appeal is preferred.
(2.) By the judgment impugned, learned trial Court recorded conviction of the accused-appellants for an offence punishable under Section 302/34 Indian Penal Code and awarded sentence to undergo life term imprisonment. Conviction of the accused-appellants for an offence punishable under Section 452 Indian Penal Code has also been recorded and for that, the accused-appellants have been convicted to undergo imprisonment for a term of four years.
(3.) In brief, factual matrix of the case is that on 21.02.1982, a first information report was registered at Police Station Chakar Nagar, District Etawah at the instance of one Sri Bachchu Singh S/o Puran Singh Thakur. The contents of the first information report are as follows:- "It is humbly submitted the theft had taken place at the places of Judawan Singh and Jageshwar on 11.10.81 in the village of the complainant in which Shiv Singh s/o Lal Singh and Balveer s/o Shiv Singh and Shivnath Nai of the village itself were identified at the time of the theft. They had been challaned in this case and after getting bail they had been living outside at their respective relatives' places. Shiv Singh, Balveer Singh and Shivnath Nai have threatened several times that - we would see you people if you do not compromise in the case. However, we had rejected to compromise. In the evening at about 6.00 pm on 20.02.82 due to this animosity (Sic.) Shiv Singh and Balveer Singh armed with guns and Shivnath Nai accompanied with another man armed with country made pistol came at the house of Parwat Singh and began to assault Parwat Singh. Parwat Singh managed to run away, thereafter, came to the house of Jageshwar and as my brother was sitting at the door, he was challenged. My brother rushed into the house and the accused persons by saying, 'Aaj sale ko jaan se maar denge.' (Today the bastard shall be done to death.), intruded inside. In the meantime the sounds of two bullet shots came from the house and my brother screamed - 'Mujhe Maar dala.' (I have been killed). On hearing the noise I myself and Judawan Singh s/o Arjun Singh, Badan Singh s/o Judawan Singh, Baijnath s/o Mohan Singh, (sic) s/o Hameer Singh, Parwat Singh s/o Chhattar Singh of my village and my Bhabhi Devkali w/o Jageshwar Singh and Maharani w/o Bachchu Singh and other people of the village reached on the spot while the accused persons namely Shiv Singh s/o Lal Singh and Balveer Singh s/o Shiv Singh and Shivnath Nai and another person of unknown name and address (proof of identity?) emerging out of the house, fled towards the west along the river bank through the Beehad. Though a chase was given but for the fear of gun we returned and going to my brother's house we found that my brother was lying dead in the Kothari (Room). (I) could not come in the night due to fear. I have come to the Police station in the morning. Kindly lodge the report and take proper action. Scribe Ram Singh Kushwah, Chakar Nagar, Etawah. Dated 21.02.82" (Authorized translation of the first information report that is in Hindi) ;