RAM SURAT RAM, J. - (1.) Heard Sri Ramesh Kumar Pandey, for the appellant and Sri Nafees Ahmad, A.G.A., for State Of U.P.
(2.) Krishanpal son of Satyapal has filed Criminal Appeal No. 3127 of 1982 and Satyapal, Krishanpal son of Rukan Singh and Devendra @ Avendra had filed Criminal Appeal No. 3153 of 1982, from their conviction and sentence passed by Second Additional Session's Judge, Ghaziabad, dated 25.11.1982, in S.T. No. 131 of 1980, State Vs Satpal and others, [arising out of Case Crime No. 31 of 1980, under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the IPC), P.S. Murad Nagar, district Ghaziabad], convicting them under Section 302 read with Section 34 IPC and awarding sentence of life imprisonment. These appeals were arising out of same judgment as such these were consolidated. Under some confusion Criminal Appeal No. 3127 of 1982 was dismissed as abated by order dated 21.04.2017. Criminal Appeal No. 3153 of 1982 was allowed by judgment dated 28.05.2018, on merit. On the application of Krishanpal son of Satyapal, the order dated 21.04.2017 was recalled on 14.09.2018 and Criminal Appeal No. 3127 of 1982 was restored as such it was again listed for hearing before this Bench.
(3.) On the complaint (Ex-Ka-1) of Aman Singh (PW-1), FIR (Ex-Ka-11) of Case Crime No. 31 of 1980 was registered on 28.01.1980 at 6:30 PM, under Section 302 IPC, at P.S. Murad Nagar, district Ghaziabad, against Satyapal, Krishanpal son of Rukan Singh and Devendra @ Avendra and Krishanpal son of Satyapal, by Head Moharrir Ram Veer. It has been stated in the FIR that on 28.01.1980, the informant and his son Satvir Singh had gone to Murad Nagar for purchasing diesel. As diesel was not available at Murad Nagar, as such they returned from there. His nephew Jagvir Singh (PW-2) met them at the bus stand Murad Nagar. The informant asked Satvir Singh (the deceased) to go to the village on the cycle of Jagvir Singh, as he had to take medicine. As such Jagvir Singh and Satvir Singh proceeded towards village Noorpur on one cycle. After purchasing medicine, the informant also proceeded towards his village. Arjun Singh (PW-3) and Kalu met to the informant at Moradabad Padav and they were also returning towards village Noorpur as such all of them proceeded together, on their separate cycles. When they reached near Eidgah on Jalalabad road at about 5:00 PM, they saw that the accused were stabbing Satvir Singh through knives, felling him on earth. They as well as other passerby challenged the accused and rushed towards them, then the accused ran away from the spot. On reaching there, they found Satvir Singh as dead. On their arrival, Jagvir Singh (PW-2) came out from the field of sugarcane, where he was hiding, due to fear. They found that Satvir Singh was sustaining several knife injuries and his body was drenched with blood. In the village of the informant, play of Ramlila was going on from last 6 days. 2-3 days before the incident, some fight had taken place between the accused and the deceased as the accused were creating hindrance. At that time, the villagers had pacified the accused but due to that incident, they had committed murder of Satvir Singh. ;