- (1.) B. K. Rathi, J. All the five appel lants have been convicted for the offence punishable under Section 302 read with Section 149, I. P. C. and under Section 307 read with Section 149, I. P. C. and also under Section 324 read with Section 149, I. P. C. and each of them has been awarded sentence of imprisonment for life for the offence punishable under Section 302 read with Section 149, I. P. C. for committing the murder of Hajari Lal and Smt. Ram Shree, they have been further sentenced to live years Rigorous Imprisonment for the of fence punishable under Section 307 read with Section 149, I. P. C. for making mur derous assault on Balveer and have also been sentenced to two years Rigorous Im prisonment for the offence punishable under Section 324 read with Section 149, I. P. C. for causing hurl to Smt. Mohar Shree, with the direction that all the sen tences of all the appellants shall run con currently vide judgment and order dated 3. 12. 1980 passed by Sri O. N. Aslhana, the then IV Additional Sessions Judge, Main-puri in Session Trial No. 43 of 1980. Ag grieved by the conviction and sentences awarded to them the present appeal has been preferred by the, appellants. How ever, appellants Babu Ram and Phool Singh alias Bhajan Lal have died during the pendency of this appeal and their ap peal stood abated.
(2.) SHORN of superficiality the case of the prosecution unfolded by the evidence on record is that the victims of this case are residents of village Balarpur, Police Sta tion Bhongaon of District Mainpuri. Two persons have lost their lives in this inci dent. One is Hajari Lal and the other is Smt. Ram Shree, daughter-in-law of Hajari Lal and wife of complainant Harpal Singh. Balbir Singh and his wife Sml. Moharsri had received injuries in this inci dent. According to the prosecution, there-is one more injured Shiv Singh, who is real brother of Balbir Singh. However, the trial Court has held that it is not established that the injury to Shiv Singh has been caused in this incident. The appellants are also residents of the same village, besides the appellants, four other persons were nominated in the F. I. R. besides 3-4 unknown persons. The others are of Registar Singh, Bahadur Singh, Subedar and Kedar Singh. Bahadur Singh is said to be an out-sidcr and the other accused are the same family. Appel lants Babu Ram, Hori Lal and Sobran Singh are real brothers sons of Channi. Regislar Singh is the son the Babu Ram appellant. The other appellants Phool Singh alias Bhajan Lal and Jai Singh are eousin brothers of appellants Babu Ram, Hori Lal and Sobran Singh. Subcdar and Kedar Singh aceused nominated in the F. I. R. are the sons of appellant Jai Singh. Aecursed Registar Singh and Bahadur Singh remained absconding and as such they could not be tried. The trial Court did not find Kedar Singh and Sub-edar guilty of any offence and acquitted them from the charges. Only five appel lants named above were held guilty and convicted as above.
(3.) ACCORDING to the prosecution Regislar Singh and Bahadur Singh both are hardened criminals and are engaged in committing dacoitics and were absconding from the village. In the year 1976 Ram Avtar, brother of complainant Harpal Singh was caught hold of by the accused persons and murderous assault was made on him of which F. I. R. was lodged by Har pal Singh complainant of this case, but the case ended in final report as nobody was prepared to support the case due to terror created by Registar Singh and Bahadur Singh. A litigation in the consolidation between the prosecution party and the appellants and Registar Singh also took place. For this reason there was enmity and due to the terror of the accused persons. Rarn Avtar, brother of the complainant had shifted to Gopalganj in the Bihar. His another brother Ram Swarup had shifted to Mainpuri and used to come to the vil lage at long intervals. The accused were angry with Ram Swarup, who was doing Pairokari in the case before consolidation Court. The fateful day of the incident was 2. 11. 79. Ram Swarup, brother of the com plainant came to village and has staying on that day and the accused persons received information regarding this fact. All the accused persons, therefore, forms an un lawful assembly. Appellant Phool Singh and accused Registar Singh and Bahadur Singh were armed with guns, appellant Jai Singh was armed with hand-grenades and the other accused were armed with country made pistols. All these appellants were proceeding towards the village and were seen by Balbir Singh, PW-3, who was ploughing his field. Seeing the activities of the accused, Balbir Singh started running away towards the village. At this accused Registar Singh raised an alarm to catch hold of him and chased him. He also fired shots with his gun causing injury in the right arm of Balbir Singh. However, Balbir Singh reached infront of the house of Har pal Singh and found Harpal Singh sitting on his cot. His mother and aunt were also sitting on the earth and they were busy in talking regarding family affairs. Hajari Lal, victim of this case, uncle of Balbir Singh was tethering his catties. He in formed that Registar Singh, Bahadur Singh and other family members are proceeding towards their house armed with fire-arms and they have also injured him by firing shots. Thereafter, Balbir Singh concealed himself inside his house. In the mean time accused party reached there and Jai Singh thrown hand-grenade at Hajari Lal victim which caused injuries to him and he fell down on the earth. Thereafter, appellant Phool Singh and Bahadur Singh fired at Hajari Lal. Com plainant Harpal Singh ran and entered in the house of his uncle Ram Swarup. He took rifle of Ram Swarup and fired towards the accused persons from the upper room of the house of Ram Swarup. Smt. Ramsri, wife of Harpal Singh com plainant also fired from the gun of the complainant from the upper room of the house of the complainant. At this the ac cused persons made indis criminate firing at her due to which she received injuries and died. The accused persons reached at the house of Phool Singh and Anokhey, uncles of the complainant and fired several round of shots causing injuries to Smt. Moharsri, wife of Balbir Singh. Shiv Singh also received injury in this incident. Hajari Lal and Smt. Ramsri died due to the in juries immediately. It is also alleged that the accused persons also took away the gun used by Smt. Ramsri. The incident was also witnessed by Smt. Roopwali wife of Phool Singh who is aunt of the complainant.;