JUDGMENT :

1. The present criminal appeal has been filed by accused-appellants Kadam Singh, Chhotey Singh, Sirnait Singh, Bhurey Singh (Now dead), Indra Bahadur Singh and Mahabir Singh assailing the impugned judgement and order dated 26.03.1982 passed by Sri K.S. Mishra, VI Additional District & Sessions Judge, Etawah in S.T. No.251 of 1979, under Sections 147, 148, 149, 307 I.P.C., Police Station Jaswant Nagar, District Etawah, whereby accused-appellants Kadam Singh, Indra Bahadur and Srinet Singh have been convicted and sentenced under Section 148, 307 and 149 I.P.C. while accused-appellants Mahabir Singh, Chhotey Singh and Bhurey Singh had been convicted and sentenced under Section 147, 307 I.P.C. All the accused-appellants had been sentenced with maximum punishment of 8 years under Section 307 I.P.C. and other sections.

2. Prosecution story in brief as has been set out in F.I.R. is as follows :

On the date of occurrence i.e. on 12.03.1978 at about 08.00 p.m., injured Suraj Singh and his wife Smt. Chandrawati along with their children were inside the house. The accused-appellants Indra Bahadur and Mahabir arrived at the house of Suraj Singh and called Smt. Chandrawati. She opened the door and asked them what was the work. Both the accused persons told that some thieves were hiding outside her house. The son of Suraj Sigh, namely, Bharat and his mother Smt. Chandrawati came out of the house with a lighted kuppi and both saw that there were no thieves outside the house. In the meanwhile, accused-appellant Indra Bahadur Singh gave a blunt blow to Bharat with Ballam. She asked not to do so. The accused persons were six in numbers. The accused-appellants Bhurey Singh, Mahabir and Chhotey Lal were armed with lathi, while the accused Indra Bahadur Singh was armed with Katta and Ballam, Sirnait Singh with a Ballam and Kadam Singh was armed with farsa. When Suraj Singh came out of his house and accused Indra Bahadur Singh fired upon him with his country made pistol with intention to kill him. Suraj Singh sustained firearm injury and fell down on earth. Smt. Chandrawati pulled her husband, Suraj Singh, inside the house and saved him. All the accused pelted stones on her house and tried to open the door. Accused-appellants fled away leaving the injured, when they saw the witnesses coming.

3. Smt. Chandrawati took the injured Suraj Singh to Police Station Jaswant Nagar where F.I.R. (Ex.Ka-1) was lodged at about 1.15 a.m. G.D. (Ex.Ka-6) was drawn. The injured Suraj Singh was taken to district hospital Etawah where he was medically examined by Dr. Diwakar Sharma, P.W.-5 at 3:40 a.m.

4. Investigating Officer undertook the investigation of the case who collected the evidence, recorded the statement of witnesses, prepared site plan and after completing entire formalities of investigation, filed charge sheet against the accused-appellants.

5. Trial court framed the charge against the accused-appellants under Sections 147, 148, 149, 307 I.P.C. The accused-appellants pleaded not guilty and claimed trial.

6. The prosecution, in order to prove its case, examined, P.W.-1 Smt. Chandrawati, P.W.-2 Suraj Singh, P.W.-3 Mulayam Singh, P.W.-4 Head Constable Nawaj Khan, P.W.-5 Dr. Diwakar Sharma, out of whom P.W. 1 to 3 are the witnesses of fact while rest two others are formal witnesses. Sri Radheyshyam, Rajendra Prasad, Gyan Chandra Mittal and Indra Bahadur Singh have been examined from the side of defence as D.W.-1, D.W.-2, D.W.-3 and D.W.-4 respectively.

7. After appreciating the evidence, oral and documentary on record trial court has convicted the accused-appellants and sentenced them as noted above. Being aggrieved with the impugned judgement, accused-appellants preferred the present criminal appeal.

8. As per C.J.M. Report dated 07.07.2008 and 08.06.2017, appellant nos. 1 to 4 i.e. Kadam Singh, Chhotey Singh, Sirnait Singh and Bhurey Singh have died, thus, their appeal has been abated by order of this Court dated 17.07.2008 and 07.07.2017. Thus, the pres