Rohit Ranjan Agarwal, J. - (1.) Present Criminal Appeal has been preferred by Netra Pal (since died), Yogendra Pal, Narendra Pal and Panna Lal (since died) against judgment and order dated 05.05.1983 passed by IV Additional Sessions Judge, Bulandshahr in Session Trial No. 545 of 1982, whereby appellants have been convicted for the offence under Sections 302 and 307 I.P.C. and sentenced to undergo imprisonment for life for offence under Section 302 I.P.C and three years rigorous Imprisonment for offence under Section 307 I.P.C. Appellant Yogendra Pal has been convicted and sentenced for the offence under Section 27 Arms Act for two years rigorous imprisonment. All sentences have been directed to run concurrently.
(2.) At the outset, it is made clear that during pendency of this appeal, appellant Nos.1 and 4, namely, Netrapal and Panna Lal have expired and vide orders dated 13.11.2007 and 26.08.2016 appeal in respect of them has been abated. Hence, Court is proceeding to decide the appeal in respect of remaining appellants, i.e., appellant Nos. 2 and 3, namely, Yogendra Pal and Narendra Pal, respectively.
(3.) Prosecution story, in nutshell, as unfolded in written report (Ext. Ka-1) moved by Kiran Pal Singh, informant (PW-1), resident of village Bhaipur, Police Station Kakod, District Bulandshahr on 02.03.1982, is as follows: Informant's father's widowed sister Smt. Premwati had been residing with him and being issue-less, she had adopted his sister Pushpa some 12 years ago. Smt. Premwati was to perform the marriage of Pushpa, which had created jealousy with his uncle Netrapal and cousins Yogendrapal and Narendrapal. They had a feeling that Smt. Premwati would not give them anything. On 28.02.1982 Pushpa had gone to draw water from the hand-pump of his uncle, when Yogendrapal had hurled filthy abuses at her and had also passed a sarcastic remark that she should have a hand-pump installed from her father's sister. Pushpa had complained against this mis-behaviour meted out to her by Yogendrapal, to her father and brother Dharampal. At about 1 p.m. Kiranpal along with his father Megh Singh and elder brother Dharampal was sitting at his flour mill. His uncle Netrapal with his son Yogendrapal armed with licence gun Nagendrapal carrying a country-made pistol and Pannalal arrived there. His father protested with Netrapal against the abusive language used by Yogendrapal to Pushpa. On this Netrapal exhorted his sons and Panna Lal to set them right as how long these complaints would be tolerated. On this Yogendrapal fired from his licensed gun hitting Dharampal, and Narendrapal fired from his C.M.P. (Country-made pistol) hitting his father Megh singh, both of them fell down and died. Pannalal also fired at Kiranpal, but he escaped unhurt as he took cover behind a tree. The entire incident was witnessed by Indrapal (P.W.-3), Smt. Kiran Devi (complainant's brother's wife), his own wife Smt. Prakasho and father's sister Smt. Premwati P.W.-2, sister Pushpa (P.W.-3) and his own brother-in-law Narendrapal Singh. All the four accused finally escaped towards the jungle. Both the deceased were taken to the Police Station in a tractor trolly where the written report scribed from Jagpal Singh was lodged. Thus, prayer was made to lodge First Information Report (hereinafter referred to as, 'F.I.R.').;