CHANDRA DHARI SINGH, J.

1.The instant criminal appeal has been preferred on behalf of the accused-appellants against the impugned judgment and order dated 01.08.1983 passed by the VI Additional District & Sessions Judge, Shahjahanpur in Sessions Trial No. 268 of 1981 (State vs. Raj Kumar Singh and others) under Sections 302/149, 307/149 and 148 IPC, whereby the accused-appellants have been convicted and sentenced for the life imprisonment, ten years simple imprisonment and three years simple imprisonment respectively.

2 (I).Brief facts of the case is that on 08.04.1980 at around 12.15 PM, one Ratiram arrived at Police Station Kanth and stated that eight days before Holi, Rajkumar purchased a buffalo from his elder brother Bramhapal Singh at the rate of Rs. 1900/-, which he promised to pay after eight days of Holi and when he did not pay as per the promise and kept on avoiding, then Bramhapal Singh stopped Rajkumar from harvesting the crop and said that until my money is paid, you will not be allowed to harvest the crop. On the day before incident, in the evening, Rajkumar Singh asked Bramhapal Singh to come tomorrow at Simra Khera to collect his money. On 8.4.1980, the cousin brother of informant, namely Mahendra Singh came to his house and asked Bramhapal Singh to go Simra Khera with him for bringing his money from Rajkumar, on the request, Bramhapal Singh, one villager Badshah Singh and his brother-in-law Sripal Singh alongwith Mahendra Singh came to the house of Sher Singh and sat on a bed in drawing room. After a while, Mahendra Singh called Rajkumar Singh, who had come with a rifle in his hand alongwith Karan Singh armed with a rifle, Sukhlal armed with a single barrel gun, Jagdish Singh armed with a single barrel gun, Harpal Singh armed with a single barrel gun and Nankoo Singh armed with a double barrel gun and all of them stood in lane and at about 9.00 AM, as soon as Bramhapal Singh asked for his money, Harpal Singh asked Rajkumar Singh "now what are you looking for, immediately repay the debt of Bramhapal Singh". On this Rajkumar Singh opened fire shot with his rifle upon Bramhapal Singh, which hit his head, due to which he fell down unconscious and after that all the associates of Rajkumar Singh, namely Harpal Singh, Karan Singh, Jagdish Singh, Sukhpal Singh and Nankoo Singh had opened fire from their respective weapons. Thereafter, complainant, Badshah Singh, Sripal Singh and Mahendra Singh ran away from the spot. Out of shots fired from the side of accused, one fire hit Mahendra Singh. The complainant and other eye-witnesses ran into house of Sher Singh and when they returned on the spot, Bramhapal Singh found dead.

(II).After the FIR was lodged, Investigating Officer investigated the matter and after completion of investigation, charge-sheet was submitted against the accused persons Rajkumar, Harpal, Jagdish Singh, Karan Singh, Sukhlal and Nankoo Singh under Sections 148, 302/149 and Section 307/149 IPC.

(III).The prosecution has examined Dr. R.N. Rastogi (PW-1), Ratipal Singh (PW-2), Sripal Singh (PW-3), Mahendra Singh (PW-4), Dr. R.K. Gupta (PW-5) and Jagdish Singh (PW-6) as witnesses against the accused persons.

(IV).The accused Jagdish Singh has filed three documents vide List 65 Kha, which were recorded as Exhibit Kha-3, Exhibit Kha-4, Exhibit Kha-5. Exhibit Kha-3 is medical examination report of accused Jagdish Singh which was conducted by Dr. R.P. Gulati at Tilhar Hospital. Exhibit Kha-4 (Khatauni 1390 to 1395) is copy of Fasali wherein some portion of land is recorded in the name of Jagdish Singh and other persons. Exhibit Kha-5 (Khatauni 1379 to 1394) is copy of Fasali wherein name of Jagdish Singh is recorded against some portion of land.

(V).The trial court after concluding the proceedings vide judgment and order dated 01.08.1983, convicted the appellants herein for committing the murder and sentenced them to undergo life imprisonment.

(VI).Aggrieved by the judgment and order dated 01.08.1983 passed