ANIL KUMAR,J. - (1.) Heard Sri Mukhtar Alam and Sri Keshari Nath Tripathi, for the appellants, Sri Jitendra Kumar Rawat, holding brief of Sri Vinod Kumar Srivastava, for the informant and Sri I.P. Srivastava, A.G.A. 1st, for State.
(2.) Ranveer, Parasadi, Nawab and Hari Shankar have filed this appeal from the judgment of VIIIth Additional Session's Judge, Aligarh, dated 29.01.1991, passed in S.T. No. 137 of 1988, State vs. Ranveer and others, [arising out of Case Crime No. 194 of 1987, under Section 307 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC')], Police Station Akarabad, district Aligarh, convicting the appellants, under Section 302/34 IPC and sentencing imprisonment for life to them. Parasadi (appellant-2) has died during pendency of the appeal and the appeal has been abated for him.
(3.) On the complaint (Ex-Ka-1) of Rakshpal Singh (PW-1), FIR (Ex-Ka-14) of Case Crime No. 194 of 1987 was registered under Section 307 IPC at P.S. Akrabad, district Aligarh, on 22.12.1987 at 18:55 hours, by Head Moharrir Bhagwan Singh (PW-8), against Ranveer, Parasadi, Nawab sons of Ram Singh and Hari Shankar son of Geetam Singh. It has been stated in the FIR that a dispute in respect of the land was going on between the informant and Ranveer and others. Shishupal son of Sri Than Singh (father's elder brother's son of the informant, in relation of the village) was a witness in his sale deed. On 22.12.1987 at about 5:15 PM, Shishupal was coming to his village from Sikandra Rau. Then in the way, he took one bundle of dry chaff from his field and was coming towards his village from the fields of village Tuamai. In the way, Ranveer Singh son of Ram Singh armed with pistol, Parsadi son of Ram Singh, armed with farsa, Nawab Singh son of Ram Singh, armed with spear and Hari Shankar son of Geetam Singh, armed with farsa met him. They assaulted Shishupal Singh from their respective weapons, in order to kill him, due to which he fell down there. This incident was witnessed by Dariyab Singh son of Sri Ram Prasad, Dan Singh son of Sri Charan Singh. In the meantime, several persons of his village collected there and they had brought Shishupal to the police station in serious condition. Proper action be taken after lodging report.;