Mohini Kapur, J. - (1.) The seven appellants before us have been convicted by the Additional Sessions Judge No. 2 Bharatpur, for offences under Sections 148 and 302/149 Indian Penal Code and sentenced as under : Under Section 302 read with Section 149 Life Imprisonment and fine of Rs. 2,000/- each and in default of payment of fine to undergo two R.I. and under Section 148 Indian Penal Code one year R.I. and fine of Rs. 500/- and in default of payment fine six months R.I. Both the sentences have been ordered to run concurrently. Against this judgment' dated 30th Nov. 1991 all these persons have preferred this appeal.
(2.) The incident out of which this case arises occurred on 27th July, 1989 at about 6.00 p.m. at the bus stand of village Sait. The deceased in this case in Sher Singh, brother of Bheem Singh, who lodged the first information report by giving a written report to the SHO of Police Station Kumher on 28th July, 1989 at 7.30 a.m. on the site. This report contains the following facts. On 27th July, 1989 at 6.00 O'clock in the evening Hari Singh and Arjun were sitting at the Sait crossing for going to the village at that time his brother Sher Singh came there on a motor cycle and parked the same in front of the shop of Har Govind. At the crossing Bachu, Narain, Phoola, Sahab Singh Virmpal, Suresh and Daulal were standing and were armed with katta, chaku, farsa and lathies. Bachu had a katta, Sahab Singh had a farsa and knife. All the accused surrounded him and Bachu fired at him with the intention of causing death. Sher Singh ran towards the village Sait but fell down because of the gun shots. Then he was beaten by all the accused by lathies, farsas and knives. The people at the bus stand tried to intervene but they were threatened not to come near and a katta was fired to frighten them. The accused ran away. It was mentioned that they had killed Sher Singh on account of old enmity.
(3.) This written report Ex.P/10 was handed over to the SHG Incharge, Police Station Kumher at the site of the occurrence in village Sait by Bhim Singh and he also gave out that he could not go to the police station in the evening as he was afraid of the accused persons. This report was sent to the Police Station Kumher for registering a case and the first information report Ex. P./ll was registered. Bhim Singh submitted a report in continuation which is Ex. P. 17 saying that one Devi Singh was also alongwith the accused persons and he had a knife by which he gave blows on the face of the deceased and that the informant had failed to mention the name of Devi Singh as he was not in proper senses. This Devi Singh was not made an accused.;