U. S. TRIPATHI, J.

( 1 ) THIS appeal has been preferred against the judgment and order dated 25-7-1981 passed by Sessions judge. Badau in Session Trial No. 64 of 1980, convicting the appellants Bhikam singh, Rajendra Singh, Ram Swarup and chandra Pal under Section 302 read with section 34, IPC and sentencing each of them undergo imprisonment for life.

( 2 ) THE prosecution story briefly stated was as under prem Shankar deceased 145) was younger brother of appellant Ram Swarup. Appellant chandra Pal is son of appellant Ram swarup. Appellant Bhikam Singh and his son Rajendra Singh were friends of appellant Ram Swarup. Pitambar was real brother of Lekhraj, the father of appellant Ram swarup and Prem Shankar deceased pitambar was having no issue and was residing with Prem Shankar deceased and his sons. It is alleged that Pitambar had given his all properties to three sons of Prem shankar deceased, namely. Munna Babu (P. W. 1), Ram Babu and Udaivir. After death of Pitambar Ram Swarup appellant was claiming !/2 share in his properties, which were in possession of Prem Shankar deceased and his sons. A litigation was going on between appellant Ram Swarup and Prem shankar deceased regarding it. Besides it criminal cases were also pending between prem Shankar deceased and Ram Swarup, his son Ram Chandra, Bhikam Singh and rajendra Singh appellants. On account of above litigations the appellants were having enmity with the deceased.

( 3 ) ON the morning of 3-10-1979 at about 8,00 a. m. Prem Shankar deceased along with his son Munna Babu (P. W. 1) and his servant (Halwaha) Tejpal {p. W. 2) had come to his field. Tej Pal (P W. 2) was ploughing the field with plough and bullocks in the northern side of the field and Munna Babu (P. W. 1) was walking in front of bullocks as bullocks were untrained. Prem Shankar deceased was picking up the roots of San (a sort of plant through which jute is prepared)m Southern portion of the field. At about 9. 00 or 9-15 a. m. appellant Bhikam Singh armed with gun along with Rejendra Singh, ram Swarup and Chandra Pal all armed with country made pistols came near the deceased from Western side from the field of Chhiddoo Luhar. All the four appellants simultaneously fired on Prem Shankar deceased from their respective weapons. The shot hit the deceased and he started running towards east and then turned towards south and fell down in the Bajra field of Suraj pal. The appellants chased the deceased and in the field of Suraj Pal they again fired on him from their respective weapons. Munna babu (P. W. 1) and Tejpal (P. W. 2) came to the field of Suraj Pal and found that the deceased had died.

( 4 ) MUNNA Babu {p. W. 1) prepared report of the occurrence Ext. Ka-1 and came to police station Sahaswan, where he lodged the report at 10. 40 a,m. Chick FIR Ex. Ka-12 was prepared by Head Constable Indra pal Girl (P. W. 6) who made an endorsement of the same at G. D. report No. Ka-13 and registered a case against the appellants under Section 302, I. P. C.

( 5 ) CONSTABLE Suraj Pal Singh (PW. 3)along with Constables Phool Singh and raghuvir Sahai was returning to police station after performing their patrol duty and service of summons/notices. At about 9. 30 a. m. they reached near the field of Lakhan jatav between villages Khandak and mursan, where they heard sound of fire. When they proceeded towards that: place, appellants Bhikam Singh, Ram Swarup, rajendra Singh arid Chandra Pal were seen running. Observing the constable they stopped for a short while and thereafter ran towards Bajra fields. Suraj Pal Singh (P. W. 3) and other constables chased them and apprehended Bhikam Singh and Ram swarup appellants. The other two appellants made their escape good. Bhikam Singh was having his licensed single barrel gun and bandolier of cartridges contained five live cartridges. Ram Swarup was having a country made pistol which he threw in Bajra field. The gun and bandolier of cartridges of bhikam Singh was taken into possession by con

Click Here to Read the rest of this document