- (1.) Heard Sri Apul Misra, learned counsel for the appellants and Sri J. K. Upadhyay, learned A.G.A. for the State.
(2.) This appeal has been filed by Chandrapal (A1), Satya Pal (A2) and Shyam Lal (A3) against the judgement and order dated 13.02.1986 passed by the learned Additional Sessions Judge, Shahjahanpur in S.T. No. 630 of 1984, State Vs. Chandrapal connected with S.T. No. 107 of 1985, State Vs. Ram Laraitey and S.T. No. 269 of 1985, State Vs. Satya Pal, convicting the appellants and sentencing them to undergo life imprisonment u/s 302/149 I.P.C., one year rigorous imprisonment u/s 147 I.P.C., two years rigorous imprisonment u/s 201 I.P.C. and a fine of Rs. 200 each and in case of default in payment of fine, further rigorous imprisonment of two months. All the sentences were directed to run concurrently.
(3.) Briefly stated the facts of this case are that there was one Gajju of village- Amritapur who had died issueless and his sister Smt. Bataso had inherited his estate. She sold the land of her brother to Behari, P.W.2 Ram Bilas and P.W.3 Beni Ram etc. Asha Ram, the Pradhan of the village wanted that the property of Gajju be declared Gram Samaj property and framed Smt. Bishna against them and for that cause, litigation was pending in the Tehsil Court and also there was proceedings u/s 107/116 Cr.P.C. drawn which were pending in the Court of S.D.M. at Shahjahanpur. On 22.08.1984, P.W.1 informant Jaipal Singh, Behari (deceased) son of Godhan, P.W.2 Ram Bilas, P.W.3 Beni Ram, P.W.4 Jograj after attending the criminal case at Shahjahanpur on 21.08.1984, came to Jalalabad and stayed in the night at Jalalabad and after attending the revenue case in the Tehsil, they proceeded from Jalalabad to Amritapur through Khandhar. At about 3.00 to 4.00 p.m. on 22.08.1984 when they reached the village- Baldeopur and were near the field of Teja Teli of village- Chhipraula who was at present residing at village- Sohad and when they were in the south east of the field then from southern side amidst the bushes called "Katri ki Patel', Asha Ram, Ram Laraitey armed with S.B.B.L. guns and Shyam Lal (A3), Chandrapal (A1) and Satya Pal (A2) armed with lathis, emerged out of the "Katri ki Patel" and surrounded Behari and attacked him with lathis and when he fell down dead, then Shyam Lal (A3) and Satya Pal (A2) dragged Behari by his feet towards the bushes up to the field of Rewari Teli and then lifted the body of Behari and disappeared with his body. Ram Laraitey fired at the witnesses, saying that they should not follow them. At this, the witnesses receded and took shelter in the bushes and after some time they came out and proceeded to their homes searching Behari, who could not be traced. They then proceeded to the village. After reaching his home, P.W.1 informant Jaipal Singh scribed the report and proceeded to the police station and lodged the report at P.S.- Paraur at 7.30 p.m. This occurrence took place within the area of P.S.- Jalalabad. A Case Crime No. NIL was registered at P.S.- Paraur vide check F.I.R. no. 54 and the papers were sent to P.S.- Jalalabad.;