GUPTA, J. - (1.) These are three appeals arising out of the same judgment of the learned Sessions Judge, Sri Ganganagar dt. 13.8.1982, rendered in Sessions Case No. 2/82, in which case seven accused persons were tried, out of them Jasjeet @ Jas, Prabhu Dayal, Ashok and Sunil have been convicted for the offence under Sections 148,307 and in the alternative 307/149 IPC, and each of them have been sentenced to 11/2 years imprisonment under Section 148 with a fine of Rs.150/-, in default to undergo three months R.I., 4 years imprisonment and with a fine of Rs.200/-, in default to undergo four months R.I., for the offence under Section 307 IPC and in the alternative 307/149 IPC, and also convicted them except Prabhu Dayal for the offence under Section 27 of the Indian Arms Act, and sentenced each of them to undergo two years R.I. with a fine of Rs. 150/-, in default to undergo 2 V2 months R.I., and at the same time acquitted the remaining three accused persons being Satnam Singh, Vimal Kumar and Balvinder.
(2.) Appeal No. 446 of 1982 has been filed by the State seeking to challenge acquittal of Satnam Singh, Vimal Kumar and Balvinder, so also seeking to challenge the acquittal of Jas @ Jasjeet Singh, Ashok Kumar, Sunil and Prabhu Dayal for the offence under Section 302 IPC. Appeal No. 301 has been filed by the three accused persons Jas @ Jasjeet Singh, Ashok Kumar, and Sunil, challenging their conviction; while Appeal no. 300 has been filed by Prabhuk Dayal, seeking to challenge his conviction. State Appeal being Appeal No. 446, when came up at the stage of grant of leave to appeal, this Court vide order dt. 13.12,1982 declined to grant ieave against Satnam Singh, Vimal, and Bafvinder Singh, and only granted leave against the remaining four accused persons, being Jas @ Jasjeet Singh, Ashok, Sunil and Prabhudayal, that is how that appeal is confined to the four accused persons.
(3.) It is to be noticed that during pendency of the litigation i.e. present appeals, accused Jas @ Jasjeet Singh and Sunil have expired, which fact has already come on record in different files, with the result that Appeal No. 446, so far as it relates to accused Jas @ Jasjeet Singh and Sunil abates. Likewise, Appeal No. 301 also, so far as it relates to appellants Jp @ Jasjeet Singh and Sunil abates. The net result is, that the three appeals now remain confined to two accused persons. Appeal No. 301 remains confined to the accused Ashok, Appeal No. 300 remains confined to Prabhudayal, challenging their conviction, while Appeal No. 446 remains confined to these two accused persons, to challenge their acquittal. The facts of the case are, that on 25.6.1981 at 1 in the night P.W. 1 Gurucharan Singh lodged a report Ex.P-1 at Police Station Sri Ganganagar to the effect, that Major Singh, Kulbir Singh were sleeping on the roof of the house 37F Block, while he was sleeping on the ground floor, at about 11 in the night Pappu Barar and Gurnam Singh @ Garni and Suresh were studying on the roof of other room, at that time 7-8 boys including Jas @ Jasjeet Singh of Basant Medical Store, Prabhudayal Luthra, Sunil Bhatiya, Ashok Chandak and 3-4 more boys came, and hit the door, and shouted, as to where is Garni, he should be brought out Thereupon informant got up, and rushed to roof. In the meantime Major Singh, Kulbir Singh stood up, Garni, Pappu Brarand Suresh also came on the roof where informant, Major Singh and Kulbir Singh were there, they asked as to who were the persons calling, and they saw that Jas was having pistol, Prabhudayal Luthra, Ashok Chandak and Sunil Bhatiya were also armed with pistols, and they fired about 15 to 20 shots, and thereafter hurling abuses they went towards the main road.;