Dinesh Kumar Singh, J. - (1.) Heard Sri Dileep Kumar, Sri Mahesh Chand Joshi, Kamlesh Kumar Tripathi, Hardev Singh Sengar, learned counsel for the appellants, Sri Rajiv Lochan Shukla, learned counsel for the complainant, Sri Gaurav Pratap Singh, learned Brief Holder appearing for the State and perused the record.
(2.) This criminal appeal has been preferred by the appellants Ravindra Singh, Jai Deo Singh, Naresh Singh, Shailendra Singh, Narendra Singh, Rajjan Lal against the judgment and order dated 30.04.1983 passed by 3rd Additional Sessions Judge, Kanpur in S.T. No. 543 of 1980 arising out of Case Crime No.205 of 1980, P.S. Shivli whereby the accused appellants have been convicted and punished and sentenced under section 302/149 IPC by life imprisonment. Accused appellants Ravindra Singh, Naresh Singh and Jai Deo Singh have been held guilty under section 148 IPC and have been sentenced to undergo R.I. for one year; the accused appellants Shailendra Singh, Narendra Singh and Rajjan Lal have been held guilty under section 147 IPC and have been sentenced to undergo R.I. for six months; accused-appellants Shailendra Singh, Narendra Singh, Rajjan Lal and Naresh Singh have been held guilty under section 201 IPC and have been sentenced to undergo R.I. for one year and all the sentences are directed to run concurrently.
(3.) In brief the prosecution case as given in the FIR is that the informant Harnam Singh son of Mahipal Singh, resident of village Nigoha, P.S. Shivli, District Kanpur along with his nephew Dharmendra Singh son of Iqbal Bahadur Singh were going on motorcycle from his village to Kanpur and when they were proceeding on the patri of Mausana Rajwaha and reached near the agricultural field of Ram Kumar Lodh, resident of Mitanpur, finding Patri broken, the first informant got down and his nephew tried to negotiate the passage on his motorcycle by traveling on his foot for a certain distance. As soon as his nephew reached near the filed of Ram Kumar Lodh at about 12 noon, accused Ravindra Singh son of Shiv Pal singh, Jai Deo Singh son of Bhola Singh, Shailendra Singh, Narendra Singh sons of Guru Bux Singh, Naresh Singh (son-in-law of Lawa Singh), Rajan Lal, son of Nanhoo, Bawan Baghwan Singh son of Mahavir Singh came out from bushes which were by side of Rajwaha and surrounded his nephew and Jai Deo Singh exhorted that he would not be spared and would be killed, on this, all the accused exhorted let him be done to death. Right then, Ravindra Singh, Jai Deo Singh, Bawan Bhagwan Singh by the licensed guns in their hands and Naresh Singh by country made pistol made fire upon Dharmendra Singh which hit him, the other three accused Naresh Singh, Shailendra Singh Rajan Lal who were armed with Lathi. This occurrence was seen by him, Chandrabhan Singh son of Amar Singh, Nagendra Bahadur singh son of Mahipal Singh, Sarnath Singh son of Khan Singh all residents of village Nigoha, Rajjan Singh son of Rama Singh, resident of Gauri, P.S. Shivli, Bal Krishna son of Jaswant Singh, resident of village Kharagpur, P.S. Shivrajpur. Accused Shailendra Singh, Narendra Singh, Rajan Lal and Naresh had thrown the dead body of the deceased in the field of paddy from Patri. His nephew died instantaneously after having received fire arm injuries, who was killed due to enmity because against Jai Deo Singh in a case under section 409 IPC, his nephew was witness and Jai Deo Singh had told him not to depose against him but his nephew did not oblige him and asserted that he would certainly give evidence. Apart from that accused persons Narendra Singh and Shailendra Singh wanted to illegally occupy his land which was in possession of the complainant side. Rest of the accused were friends of these accused persons. When the above-named witness challenged, they fled towards Pratappur.;