The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the accused's intent to inflict grievous injury rather than to kill.

JUDGMENT :

Ashwani Kumar Mishra, J.

1. These appeals arise out of the judgment and order of conviction and sentence dated 1.6.2019, passed by the Additional Sessions Judge, Anoopshahar, Bulandshahar in Sessions Trial No.647 of 2006 (CNR No. UPBU07000005-2006), State Vs. Natthu Singh and others, arising out of Case Crime No.35 of 2006, Police Station Naraura, District Bulandshahar, whereby the accused appellants Natthu Singh, and Ramveer have been convicted and sentenced to two years rigorous imprisonment under Section 147 IPC ; ten years rigorous imprisonment alongwith fine of Rs.10,000/- each under Section 307/149 IPC ; rigorous life imprisonment alongwith fine of Rs.25,000/- each under Section 302/149 IPC, whereas accused appellant Raju has been convicted and sentenced to two years rigorous imprisonment under Section 147 IPC ; ten years rigorous imprisonment along with fine of Rs.10,000/- under Section 307/149 IPC ; rigorous life imprisonment alongwith fine of Rs.25,000/- under Section 302/149 IPC ; five years rigorous imprisonment alongwith fine of Rs.2,000/- under Section 452 IPC, and accused appellant Malkhan has been convicted and sentenced to three years rigorous imprisonment under Section 148 IPC ; ten years rigorous imprisonment along with fine of Rs.10,000/- under Section 307/149 IPC ; rigorous life imprisonment alongwith fine of Rs.25,000/- under Section 302/149 IPC . On failure to deposit fine to undergo additional simple imprisonment for six months under Section 307/149 IPC ; for one year under Section 302/149 IPC ; and for one month under Section 452 IPC . All the sentences have been ordered to run concurrently.

2. There existed a disputed piece of land on the west of the house of the informant. The dispute was between him and Natthu Singh son of Bihari Singh. For this reason Natthu Singh allegedly maintained enmity against the informant. The incident in the present cases occurred on 1.8.2006 at about 9.00 in the morning when the informant’s son Hetram (deceased) was carrying bricks lying in front of the house for construction of a fence on the roof. It was then that the accused Natthu Singh, Malkhan Singh, Ramveer and Raju sons of Bihari Singh and Devendra @ Bhola son of Natthu Singh, Omvir son of Malkhan Singh, Bholeram son of Hotiram came to the house of the informant. Natthu was carrying a water tap handle (Nal Ka Hattha); Ramveer an iron rod; Raju a stick; Malkhan a rifle; Devendra a countrymade pistol; Omvir a stick and Bholeram an iron rod. As soon as the accused came to the house of the informant, they exhorted that let the issue be finished once for all, and thereafter these accused assaulted informant’s son. Malkhan tried to fire from his rifle but for some glitch it failed, despite couple of attempts, whereafter with the butt of his rifle and others with weapon in their hand started assaulting the informant’s son and other family members. The informant was having his breakfast as he had to go to school and on hearing the screams of his son Hetram, the informant alongwith his son Digamber and wife of Hetram namely Neksee rushed out and saw that all accused were assaulting Hetram. In the attempt to save Hetram, informant’s son Digamber, informant himself, wife of Hetram Neksee sustained injuries. On hearing the scream of these persons Nepal Singh and Dileep alongwith others came and but for their intervention everyone would have been done to death. Seeing these persons coming for rescue, accused Devendra fired from his Tamancha in air. Informant’s daughter, who Sarvesh was inside the house was also beaten in the house. Thinking that informant’s son Hetram has died, Malkhan told Devendra not to fire and the accused left. With these contents the FIR came to be lodged on 2.4.2006 at 3.10 pm on the basis of written report of informant as Case Crime No.35 of 2006, under Sections 147, 148, 149, 307/34, 452, 323, 504 IPC . After the lodging of the report the Investigating Officer came to the spot and collected pla