Judgment :

B. SUDERSHAN REDDY, J.

1. This appeal by special leave is directed against the final judgment and order dated 2nd December, 2005 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 4703 of 2004 whereby the Hon'ble High Court dismissed the appeal preferred by the appellants and thereby maintaining the conviction of the appellants under Section 302 of the Indian Penal Code (for short `IPC') with modification of sentence of death by substituting it to imprisonment for life. The conviction and sentences awarded by the learned Additional Sessions Judge, Fast Track Court No. 4, Meerut against the appellants for the offences punishable under Sections 147, 148, 307 read with 149, IPC have been confirmed.

Hence this appeal.

2. The main question that arises for our consideration in the instant appeal is whether the courts below committed any serious error in convicting the appellants for the offence punishable under Section 302? Whether the courts below committed any error in convicting the appellants for the offences punishable under Sections 147, 148, 307 read with Section 149? Whether the findings concurrently recorded by the courts below to convict the appellants under the said provisions are so perverse and ex-facie unacceptable and therefore require our interference in this appeal preferred with leave granted under Article 136 of the Constitution of India?

3. It is fairly well settled and needs no restatement that this Court should not embark upon a reappreciation of the evidence, when both the Sessions Court and the High Court have agreed in their appreciation of the evidence and arrived at concurrent findings of fact. This Court time and again held that it is always necessary to bear in mind the limited scope of the proceedings under Article 136 of the Constitution of India which cannot be converted into a third appeal on facts. Mere errors in appreciation of the evidence are not enough to attract this Court's `invigilatory jurisdiction'. It is settled law that this Court may interfere in rare and exceptional cases where there is some manifest illegality or grave and serious miscarriage of justice.

4. We shall bear this settled legal position in mind and proceed to consider whether the findings of fact reached by the courts below concurrently on appreciation of evidence suffer from any error of law or have resulted in miscarriage of justice requiring our interference in this appeal. Whether the view taken by the High Court on reappreciation of the evidence to agree with the appreciation of evidence by the Sessions Court is so perverse resulting in miscarriage of justice.?

5. In all there were 11 accused sent up for trial before the learned Sessions Judge, the Sessions Court, however, acquitted five accused and found them not guilty of charges framed against them. Accused Rajneesh is absconding. Accused Aman Singh did not file any appeal. Hence, in this appeal, we are concerned with conviction and sentence of only the present appellants i.e. accused nos. 1 to 4.

BACKGROUND FACTS

6. The prosecution case in short is that an incident occurred on the intervening night of 24/25th May, 1999 at about 12 O' clock in Lalpur village, Police Station Bhawanpur, District Meerut. It is the case of the prosecution that on that intervening night the appellants along with other accused and two unknown persons armed with country made pistols and rifle came to the village demanding Ajab Singh (one of the deceased) to enter into a compromise with regard to a case lodged by Ajab Singh complaining about his daughter's abduction on 5.11.1997 by Rajneesh and Vikram. The said case was pending in a court. Apart from that case, some other cases were also pending between the parties. Ajab Singh did not agree for the proposal and enraged by adamant attitude of Ajab Singh, the accused all of a sudden started indiscriminate firing from their weapons resulting in death of Ajab Singh, Hari Singh @ Hariya and Geeta. Raj Pal (PW-3)