MOHD.FAIZ ALAM KHAN,J. - (1.) Heard Shri Nagendra Mohan, learned counsel for the appellants and Ms. Nand Prabha Shukla, learned AGA for the State and perused the record. This criminal appeal has been filed by the appellants- Narvada, Mashaley, Sukkhi, Jaswant and Gajraj against the judgment and order dated 7.10.1983, passed by Vth Additional Sessions Judge, Hardoi in Sessions Trial No. 67 of 1983, convicting the appellants no. 1,2 and 3 under Section 148 IPC and appellants no.4 and 5 under Section 147 IPC and further all the appellants under Section 302/149 IPC and sentencing them to 2 years R.I., 1 year R.I. and imprisonment for life respectively. The appeal with regard to the appellant no.2 Mashaley has been abated on account of his death vide order dated 01.12.2015 and of appellant Sukkhi on 01.07.2019 on account of his death..
(2.) At the outset we would like to refer the following observations of Hon'ble Supreme Court in State (Delhi Admn.) v. Laxman Kumar , quoted in Krishna Mochi and Ors. vs. State of Bihar ,by Hon'ble Mr Justice M.B. Shah :- "Mankind has shifted from the state of nature towards a civilized society and it is no longer the physical power of a litigating individual or the might of the ruler nor even the opinion of the majority that takes away the liberty of a citizen by convicting him and making him suffer a sentence of imprisonment. Award of punishment following conviction at a trial in a system wedded to rule of law is the outcome of cool deliberation in the court room after adequate hearing is afforded to the parties, accusations are brought against the accused, the prosecutor is given an opportunity of supporting the charge and the accused is equally given an opportunity of meeting the accusations by establishing his innocence. It is the outcome of cool deliberations and the screening of the material by the informed mind of the Judge that leads to determination of the lis..."
(3.) The prosecution story as unfolds from record of the subordinate court is that a written application was submitted by informant Suresh Pal Singh son of Natthu Singh on 5.8.1982 at 11.15 A.M at Police Station Behta Gokul District Hardoi, alleging that today at about 9.00 A.M. his father Natthu Singh and uncle Sobaran Singh along with Balvant Pasi were returning from their fields and when they reached near Kahjuria situated towards east of village, the accused persons Narvada, Mashaley and Sukkhi armed with guns and Gajraj and Jaswant armed with Lathis emerged out from behind the bushes and Khajuria. Narvada challenged his father Natthu Singh and commanded other accused persons to kill him. All five accused persons surrounded his father (Natthu Singh) and uncle (Sobaran Singh) and they fired 5 to 6 shots which hit Natthu Singh and Sobaran Singh and they succumbed to the injuries on the spot, instantly. Balvant Pasi made a hue and cry which attracted Mahesh son of Balwant, Natthu Kachi son of Hori and Ram Chandra son of Ram Swaroop who were grazing their cattles nearby. He also rushed to the spot and challenged accused persons, on which accused Gajraj and Jaswant assaulted both the persons with Lathis. All accused persons after committing the crime fled away towards the east.;