JUDGEMENT
SURAT RAM,J. -
(1.)Heard Sri Rajrshi Gupta and Sri Kuldeep Singh Yadav, for the appellants, Sri Om Prakash, A.G.A., for State of U.P.
(2.)Rameshwar, Vinod, Sajjan and Manoj @ Banti have filed aforementioned appeals from their conviction and sentence passed by Additional Session's Judge, Court No. 1, Etawah, dated 15.07.2011, in S.T. No. 13 of 2008, State vs. Vinod and others and S.T. No. 100 of 2008, State vs. Rameshwar, [arising out of Case Crime No. 29 of 2006, under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as the IPC), police station Bharthana, district Etawah, convicting them, under Section 302 read with Section 34 IPC and sentencing for imprisonment for life and fine of Rs. 10000/- each, with default stipulation.
(3.)On the written complaint (Ex-Ka-1) of Ram Autar (PW-1), FIR (Ex-Ka-4) of Case Crime No. 29 of 2006 was registered under Section 302 IPC, at P.S. Bharthana, district Etawah on 17.02.2006 at 8:15 hours, by Constable Moharrir Naresh Singh (PW-5), against Vinod, Sajjan Singh, Manoj @ Banti and Rameshwar Dayal. It has been stated in the FIR that the informant was resident of village Nagla Gaja, P.S. Bharthana. Yesterday on 16.02.2006, the informant was irrigating water in his field. Arvind Singh son of Baburam, resident of Banamai, his brother-in-law (sala), was also with him. At that time, his brother Raj Kumar @ Raju came there and saying that he was going to village Belahar, for doing a telephone call, went from there by his cycle. When his brother reached near the field of Brij Mohan at village Belahar at about 6:30 PM, then Vinod, Sajjan Singh, Manoj @ Banti sons of Rameshwar Dayal and Rameshwar Dayal son of Subedar, residents of his village, who were sitting in the field of Brij Mohan and waiting for chance to attack, came out. Vinod and Manoj @ Banti were armed with gun, Sajjan was armed with short gun and Rameshwar was armed with axe. Looking to his brother, all of them came running. Rameshwar exhorted, while abusing, that he would not be spared and kill him. Raj Kumar returned toward him while shouting. In the meantime, they fired upon his brother, which caused injury on the body of his brother. The informant, his brother-in-law Arvind and one or two other persons, reached there while running. Then the accused fled away towards Belahar, threatening that in case, they would go to the police station, then they would look them in the way. His brother was lying dead on the spot. Due to terror of the accused, he did not come in night for information. After lodging report, legal action be taken against the accused.