Judgment

SHINGHAL, J. - This appeal by special leave of Natthu Singh and his sons Nirpat Singh, Uttam Singh and Mahipal Singh is directed against the judgment of the Allahabad High Court dated September 2, 1974, upholding their conviction under S. 302 read with S. 34, I.P.C. for committing the murders of Govind Das, Banmali, Basdeo and Prem Narain and confirming the sentence of death awarded to each one of them. The appellants were convicted of an offence under Section 394/397, I.P.C. also for snatching the gun and bandolier of Govind Das (deceased). The High Court has altered the conviction of appellant Mahipal Singh to an offence under S. 304, I.P.C. and reduced the sentence to rigorous imprisonment for three years. The conviction of the other appellants for that offence has been set aside.

2. The appellant and the deceased were residents of village Supa within the jurisdiction of police station Mahoba, in Hamirpur district of Uttar Pradesh. Appellant Natthu Singh sold his "Bandhi" field No. 1053/1 measuring some 16 bighas to Ram Dayal (P.W. 12) and Smt. Kishori Devi mother of Govind Das, on June 13, 1963, for Rs. 6.000/- Natthu Singh wanted to repurchase the field and requested Ram Dayal and Govind Das to resell it to him at the price at which they had purchased it from him, but they refused to do so. Natthu Singh called a "panchayat", about a month before the incident, to compel Govind Das to resell the field. Govind Das agreed to the resale, but only on condition that Natthu Singh would pay for it at the prevailing rate of Rs. 1,000/- per bigha. This was not acceptable to Natthu Singh and the "panchayat" ended in failure.

3. It is alleged that about a month thereafter, Govind Das Banmali and Brij Lal (P.W. 1) went to the aforesaid Bandhi field on November 11, 1970, for sowing work. Govind Das carried his rifle and bandolier with him, while Brij Lal had a lathi. Banmali was empty handed. After sowing the fieled with the help of some other persons, Govind Das, Banmali and Brij Lal left for their houses. They came near the field of one Rama Shankar at about 4.30 p.m. Banmali was ahead of the other two, Govind Das was behind him, and Brij Lal was behind Govind Das at a distance of about 8 to 10 paces. The appellants, who were hiding in the bushes near Rama Shankers field, then came out. Natthu Singh, Nirpat Singh and Mahipal Singh were armed with guns, while Uttam Singh was armed with a "pharsa". Those who were armed with guns fired at Govind Das and Banmali. Banmali fell down while Govind Das bent down a little bit. Mahipal Singh fired another shot at Govind Das and he also fell down. Brij Lal ran away, raising an alaram and hid near a mango tree. Appellant Uttam Singh went near Govind Das and Banmali with his "pharsa" and dealt several blows to them. Mahipal Singh snatched the rifle and bandolier of Govind Das. Basdeo was a helper of Govind Das, and the appellants left towards Misran Har saying that they would go and finish him there.

4. It has been alleged further that all the four appellants then went to the field of one Badri and reached there at about 4.45 or 5 p.m. They stood on the boundary wall of that field. They found that Basdeo and his sons Prem Narain and Ram Autar (P.W. 5) were returning from their field in a bullock cart. Hiran (P.W. 4) was following the cart on foot. When the bullock cart reached the field of Malkhan Natthu Singh gave a call to kill and the appellants jumped down from the boundary wall, on the way. Basdeo, Prem Narain and Ram Autar (P.W. 5) jumped down from their bullock cart and while Basdeo and Prem Narain began to run ahead of the bullock card for safety, Ram Autar began to run backwards and hid himself behind the bushes in the field of Kanhaya Lal. Mahipal Singh fired at Basdeo who stumbled, but succeeded in climbing the boundary wall of Malkhans field and fell down there. He tried to get up but Nirpat Singh went and shot him at a very close range and he fell down. Uttam Singh went near him