Mr. Vijay Kumar Vyas, J. - (1.) This criminal appeal has been preferred against the judgment dated 7.4.1983 passed by learned Sessions Judge, Bharatpur in Sessions Case No. 64/1981, whereby appellants have been convicted and sentenced for offences as follows:- Gaya Lal U/s 302 IPC - Life Imprisonment with fine of Rs.3,000/-; in default of payment thereof, to further undergo two years Rigorous Imprisonment. U/s 307 IPC - Five Years' Rigorous Imprisonment with fine of Rs.1,000/-; in default of payment thereof, to further undergo one year's Rigorous Imprisonment. U/s 366 UPC - Five Years' Rigorous Imprisonment with fine of Rs.700/-; in default of payment thereof, to further undergo three months' Rigorous Imprisonment. Hari Kishan U/s 302/34 IPC - Life Imprisonment with fine of Rs.3,000/-; in default of payment thereof, to further undergo two years Rigorous Imprisonment. U/s 307 IPC - Five Years' Rigorous Imprisonment with fine of Rs.1,000/-; in default of payment thereof, to further undergo one year's Rigorous Imprisonment. U/s 366 UPC - Five Years' Rigorous Imprisonment with fine of Rs.700/-; in default of payment thereof, to further undergo three months' Rigorous Imprisonment. Pooran U/s 366 IPC - Five Years' Rigorous Imprisonment with fine of Rs.700/-; in default of payment thereof, to further undergo three months' Rigorous Imprisonment. Nirbhaya U/s 366 IPC - Accused appellant was not punished but ordered that if he furnishes a bond of Rs.3000/- and a surety of the similar amount, he may be bailed out on condition that he will maintain peace and good conduct during three years, he will not commit any offence during this period and will be ready, on breech, to undergo the sentence. All the sentences were ordered to run concurrently.
(2.) From the record, it reveals that appellant Gaya Lal has died on 16.6.2014. Therefore, the appeal stands abated qua Gaya Lal.
(3.) Brief facts are that Smt. Mohni D/o Shri Phonda Gujar (PW-1) was married with one Mukhtyar. On death of Mukhtyar, she started living with Tikam, brother of Bheem (PW-7). After death of Tikam, she was living with her father Phonda (PW-4). On 23.10.1980, she went to nearby forest to fetch firewood along with Smt. Ashrafi (PW-2), Atri (PW-9) and some other ladies. At about 10.00 - 11.00 AM, Atri (PW-9) came back and informed Ramji Lal (PW-12), brother of Mohni and Phonda, father of Mohni that Gaya Lal, Hari Kishan and 2-3 more persons have forcibly taken away Mohni and Ashrafi was following them. Whereupon 50-60 persons of the village including Phonda, father of Mohni went to the house of Gaya Lal. Gaya Lal and Hari Kishan were found standing on terrace of their house, holding guns. They let out Ashrafi but refused to hand over Mohni and confined her in the house. Ramji Lal (PW-12) went to Police Station Hindaun and submitted a written information (Ex.P-6). Meanwhile, Panch and other people of nearby villages also gathered at Gaya Lal's house and held a Panchayat. They asked Gaya Lal, Sujan and others to return Mohni but they refused and said that they have paid Rs.20,000/- to Bheem, brother of Tikam, ex-husband of Mohni and he has executed a document in their favour, so they would keep Mohni as wife of Gaya Lal. Bheem was called immediately and asked about the truth. Bheem denied of taking Rs.20,000/- and executing any document in favour of Gaya Lal with regard to Mohni. Thereupon, members of Panchayat asked Gaya Lal to return Mohni to her father Phonda but he refused and took position holding gun along with his brother Hari Kishan at the terrace of his house. Thereupon, some altercation took place. Gaya Lal fired a gun shot which hit on chest of Hari Singh, present in the gathering, who died on the spot. Gaya Lal and Hari Kishan fired some more shots. When people tried to take away the dead body of Hari Singh, Sujan also fired a gun shot. Pooran and Nirbhaya also moved to the terrace where Gaya Lal and Hari Kishan were standing. Stones were also hurled on the gathering. Somebody from the gathering also fired. When firing by gun and hurling of stones stopped after sometime, gathering took away dead body of Hari Singh. Gaya Lal and others released Mohni. Thereafter Harhet (PW-14) went to Police Station Bayana and informed the incident which was recorded in the FIR (Ex.P-11). On the written information (Ex.P-6) given by Ramji Lal, an unnumbered FIR was formally drawn by Police Station Hindaun and forwarded for necessary action to Police Station Bayana, as the place of occurrence was in the area of Police Station Bayana. On information of Harhet (PW-14), FIR No. 318/1980 was registered at Police Station Bayana on the same day i.e. 23.10.1980 at about 12-1 O'clock.;