JUDGMENT :

1. This criminal appeal arises against the judgment of conviction and sentence dated 31.08.2016 passed by the First Additional Sessions Judge, Gautam Budh Nagar in Sessions Trial No. 248 of 2013 (State of U.P. Vs. Veerpal and three others) arising out of Case Crime No.1007 of 2012 under Sections 147, 302/149 IPC, P.S. Kasna, District Gautam Budh Nagar, whereby, all the appellants have been convicted for offences under Sections 147, 302/149 IPC and sentenced to go one year rigorous imprisonment under Section 147 IPC and to undergo life imprisonment and fine of Rs. 10,000/-each under Section 302/149 IPC and in default of payment of fine one year of additional imprisonment has been awarded. All the above mentioned sentences have been directed to run concurrently.

2. An FIR (Exhibit Ka-2) was lodged on 16.11.2012 on the basis of information (Exhibit Ka-1) received on that day at 22:30 hours bearing FIR No.786 under Sections 147/302, 34 I.P.C., Police Station-Kasna, District Gautam Budh Nagar. The informant, Vedpal s/o Shobha Ram r/o Village-Chuhadpur, Police Station-Kasna, District Gautam Budh Nagar, stated that on the previous day, that is 15.11.2012, there was an altercation between Ved Prakash @ Kalu with Pammi @ Ram Autar s/o Veerpal and they had a fight, and with that ill feeling, on 16.11.2012 at 8:30 p.m. in the night, Veerpal and his brother Kalu @ Balraj and his sons namely Pammi @ Ram Autar and Bhura and two other people came in their Swift car and one Pulsar motorcycle to the shop of his brother Ved Prakash @ Kalu when his brother was sitting in his shop. Immediately on coming, Veerpal hurled abuses and said kill Ved Prakash and he should not escape. To save his life, his brother ran towards the highway and Veer Pal and his brother Kalu @ Balraj, Pammi @ Ram Autar and Bhura, chased him to the open space near his shop and caught him and, they assaulted him with knives and belt, due to which his brother fell on the spot. On hearing shouts, the complainant and his brother Chetram, Devendra, Mahendra, Sahamal ran to save him, but seeing them approach, those people fled away on their Swift car and motorcycle. It was stated that his brother's corpse was lying at the site.

3. An inquest report (Exhibit Ka-3) was prepared on 17.11.2012 and a postmortem examination was conducted and a report (Exhibit Ka-4) was also prepared on the same day. The complainant P.W.-1 proved his written complaint (Exhibit Ka-1). The FIR (Exhibit Ka-2) was proved by the P.W.-2, Balraj Singh, the FIR writer. The inquest report (Exhibit Ka-4) was proved by P.W.-6, Anand Pal Singh, the Inspector who conducted the inquest. The postmortem report was proved by P.W.-4, Dr. Sant Ram Verma, who had conducted the postmortem examination. The inquest was concluded on 17.11.2012 at 2:00 a.m. in the presence of five witnesses. The inquest report reflects that on receiving the information regarding the incident and that the corpse of Ved Prakash was lying on the road, the officer who conducted the inquest noted that for want of light at the site and in order to maintain law and order, as per directions of the Station House Officer, the corpse of the deceased was sent by a police vehicle to Kailash Hospital for the inquest. The opinion of the witnesses to the inquest was that the deceased-Ved Prakash was murdered by causing knives wounds and that a postmortem examination be conducted.

The postmortem examination was conducted on 17.11.2012 at 2:00 p.m. by the P.W.-4 and the following injuries were noted :

i. Incised wound size 3 X 2 cm cavity deep present on right axilla.

ii. Incised wound size 3 X 3 cm bone deep present on right upper arm medially and situated 2 cm below right axilla.

iii. Incised wound size 6 X 4 cm X bone deep present on right upper arm situated 12 cm below right shoulder acromion joint.

iv. Incised wound size 14 X 4 cm X muscle deep present on right elbow joint medially.

v. Incised wound size 6 X 4 cm X bone deep present on right elbow joint lat