The Court held that the prosecution had proved its case beyond reasonable doubt based on the testimonies of eyewitnesses and that the appellants had a motive to commit the murders.

JUDGMENT :

PRADEEP KUMAR SINGH BAGHEL, J.

1. Both the aforesaid appeals arise from a common judgment and order of the trial Court rendered in respect of the same criminal case, therefore, with the consent of learned counsel for the parties both the appeals have been heard together and are being decided by this common judgment.

2. All the eight appellants (Gajju, Shyam Lal, Jhinguri and Sadhu appellants in Criminal Appeal No. 1310 of 1982, and Lal Bahadur, Girand, Dhanpal and Vijendra appellants in Criminal Appeal No. 1189 of 1982) are convicted for commission of the offence under Sections 302, 307, 148 and 149 of the Indian Penal Code, IPC in respect of murder of seven persons in a village on the same day within a short span of time.

3. The trial Court vide its impugned judgment and order dated 30th April, 1982 has found them guilty in S.T. No. 46 of 1981 and accordingly convicted and sentenced them separately in the aforesaid sections to undergo imprisonment for life under Section 302 IPC read with Section 149 IPC, three years rigorous imprisonment under Section 307 IPC read with Section 149 and two years' rigorous imprisonment under Section 148 IPC, but all the sentences have been directed to run concurrently.

4. During pendency of the criminal appeal, Gajju, Jhinguri and Sadhu, appellant nos. 1, 3 and 4 respectively in Criminal Appeal No. 1310 of 1982, have died and the appeal in their respect has already been abated vide order of this Court dated 19th November, 2015.

5. The prosecution case is that on 15th November, 1980 PW-3 Badshah Singh, son of Hariram Yadav, resident of Village Behti, Police Station Kalan, District Shahjahanpur, submitted a written report (tehrir) (Exh.Ka-8), on the basis of which chik first information report, FIR (Exh. K-11) was prepared at 01.30 P.M. by Head Constable Narain Singh at Police Station Kalan, District Shahjahanpur, whereafter an FIR was registered under Sections 147, 148, 149, 302, 307 & 429 IPC as Case Crime No. 115 of 1980 against the persons named in the FIR. The necessary entries in the general diary were also maintained on 15th November, 1980.

6. The incident as narrated by PW-3 in his written report is that on 15th November, 1980 when he had gone to his field, which is near river Ganga, at about 11.00 A.M., he saw that Pothi, son of Chiraunji, resident of his village, accompanied by several other persons on the back of 11 horses came from the side of Ganga river. They were accompanied by 8 other persons, who were walking on feet. When they came at a distance of about 200 yards from him, he recognised Pothi and some of the persons who were moving on feet. Since PW-3 had a long existed enmity with Pothi, who is resident of the same village, PW-3 moved in a nearby sugarcane field of one Ram Sahai to hide himself from the said gang. When the gang of Pothi reached near the said sugarcane field, he recognised some of them as Pothi, Harnam Aheer, Police Station Paraur, Chhaviram Aheer, resident of Village Harnagar, Police Station Kurawali, District Mainpuri, and the persons who were moving on feet were the appellants, namely, Gajju, Shyam Pal, Jhinguri & Sadhu, one Lal Bahadur of Village Dhobiyan Nagla, Girand, Dhanpal and Vijendra, all of them were armed with rifle, S.L.R., and guns. They moved towards the field of his uncle Mathura, who was sowing his field with his two sons, namely, Rakshapal and Dhyanpal.

7. The miscreants fired at them and all of them after receiving injuries fell down and succumbed to their injuries on the spot. Thereafter they shot at Munshi Singh, who was going towards Ganga river on his buffalo-cart to take manure, and Munshi Singh died in the cart itself. After killing those four persons, the gang headed towards East location to village Dhobiyan Nagla, where they shot at Jorawar, son of Prahlad, and Karu @ Ram Kishore, son of Ganga Dayal Yadav, who were carrying potato on their bullock-cart from Kayamganj to their village. After receiving firearm injuries, Jorawar was