IMPORTANT POINT
The prosecution must prove the formation of an unlawful assembly and the shared common object beyond reasonable doubt, and essential witnesses must be produced to unfold the narrative.

JUDGMENT :

Siddharth, J.

1. Heard Shri Ravindra Sharma, Shri N.K. Singh and Shri R.B. Singh, learned counsel for the surviving appellant nos.3, 5, and 6; Shri Rishab Srivastava, learned counsel for the informant and Shri Sushil Kumar Pandey, learned A.G.A.-Ist.

2. This criminal appeal has been preferred against the judgement and order dated 17.10.2002, passed by Additional Sessions Judge(Fast Track Court No.3), Agra in Sessions Trial No. 471 of 1996, convicting and sentencing the appellants under section 302 read with section 149 I.P.C. to undergo life imprisonment and a fine of Rs.5,000/- against each accused-appellant and in case of non-payment of fine, to undergo one year’s R.I.

3. This appeal has already been dismissed as abated against appellant no.1, Amar Singh, appellant no.2, Raghuraj Singh and appellant no.4, Ram Saran by the order of this court dated 12.1.2024.The appeal has been pressed only regarding surviving appellant nos. 3, 5 and 6, namely, Devendra Singh, Kehari Singh and Rakesh Kumar.

4. The prosecution case as per First Information Report is that in the night of about 19/20.12.1995, uncle of the informant, Gyan Singh and his aunt, Smt. Urmila were sleeping in their baithak (drawing room) when at about 2.30-3.00 A.M., Gyan Singh heard some noise regarding presence of some persons outside his Baithak. He called from inside, who is there? On this his wife, Urmila, also awoked. An earthen lamp was burning inside the Baithak. Gyan Singh, opened the door to see who is outside when co-villagers, Amar Singh, Raghuraj Singh, Devendra Singh, sons of Ajab Singh; Ram Saran son of Mukut Singh; Kehri Singh son of Mantoo Singh and Rakesh Kumar son of Ramesh Singh Thakur, forced their way inside the Baithak and caught hold of Gyan Singh with common object and started assaulting him. On alarm being raised by the first informant and Gyan Singh, the villagers, Hari Om son of Vishambhar, Rajendra Singh son of Sobha Ram and many others came running, who saw the incident. In the meantime accused persons, after causing murder of Gyan Singh, ran towards the northern side. Informant and other witnesses saw the accused persons well in the light of earthen lamp and torches. Yesterday on 19.12.1995, the Bahu (daughter-in-law) of accused, Raghuraj Singh, was making cow dung cakes, when the deceased, Gyan Singh, was coming from his agricultural field. Daughter-in-law of Raghuraj Singh made complaint at her house that Gyan Singh was abusing her. On account of aforesaid incident all the accused persons caused the murder of Gyan Singh.

5. The case was committed by the C.J.M., Agra to the Sessions Court on 17.6.1996 for trial. The trial court charged the accused persons for committing the offence under section 302 I.P.C. They denied the charges and prayed for trial.

6. Before the trial court informant, Raj Kumar, was examined as P.W.1; eyewitness of the incident, Rajendra Singh was examined as P.W.2; Dr. Anoop Kumar, who conducted the postmortem of the deceased was examined as P.W.3, Head constable Harish Chandra, who proved the Chik First Information Report and entries in General Diary(G.D.) was examined as P.W.4; investigating officer of the case, M.P. Singh, was examined as P.W.5, Inspector Incharge, Hari Nath Sharma, who filed the charge sheet against accused and proved the same was examined as P.W.6.

7. P.W.1, Rajkumar deposed before the court that in the night of 19/20-12.1995 his uncle Gyan Singh and aunt, Urmila Devi, were lying in their baithak and an earthen lamp was burning on the window in the side of the baithak. At about 2:30-3:00 A.M. in the night presence of some persons outside the door was felt by his uncle, Gyan Singh, who waked up and called who is there? On his call his aunt, Urmila, also awoke. His uncle opened the latches of door of the baithak to see the persons outside and he found co-villagers, Raghuraj, Devendra Singh sons of Ajab Singh ; Ram Sharan son of Mukut, Rakesh son of Rajesh Singh standing near the door. All of th