JUDGMENT

G.S. Ahluwalia, J. - Criminal Appeal Number 825/2011 (Kaptan Singh Vs. State of M.P.), Criminal Appeal No. 840/2011 (Mohar Singh Vs. State of M.P.), Criminal Appeal No. 876/2011 (Dinesh Jat Vs. State of M.P.), Criminal Appeal No. 101/2014 (Cheeku Vs. State of M.P.), Criminal Appeal No. 1016/2015 (Balli Vs. State of M.P.) and Criminal Appeal No. 1065/2013 (Rustam Vs. State of M.P.) have been filed against the judgment dated 26-9-2011 passed by Ms. Shobha Porwal, 1st Additional Sessions Judge, Distt. Gwalior in S.T. No. 216/2007, by which the following Appellants have been convicted and sentenced for the following offences :

4. The facts necessary for disposal of present appeal in short are that the complainant Hariom lodged a Dehati Nalishi on 17-7-2006 at 1:00 A.M. in the night on the allegations that, Sughar Singh is his younger brother and was a Councilor from Ward No. 25, Jaderua. An enmity had developed between his family and the family of Rustam Singh Yadav on the question of elections. During the elections, Rustam Singh had fired at his brother and from thereafter, Rustam, Mahendra and their father Sitaram had shifted from the village and were hatching conspiracy for killing Sughar Singh. About 4-5 months back, Sughar Singh had come to know about the conspiracy hatched by Sitaram, Rustam and Mahendra, and accordingly, he had a dispute with Sitaram. Day before yesterday, Cheeku, Mohar Singh and Kallu had come to the house on a Cream colour Scorpio jeep and had collected information about Sughar Singh. This witness had warned Sughar Singh. At about 8:30 in the night, the complainant had gone towards Pinto Park and was standing near Bajrang Kirana Store. He heard the noise of gun shots and saw that gun shots were being fired on his Safari vehicle. Rustam, Mohar Singh, Kallu, Cheeku @ Mohan Singh, Balli son of Shivcharan came down from the cream coloured Scorpio. Cheeku, Balli and Kallu were having .315 bore guns, whereas Mohar Singh was having .12 bore and Rustam was having .315 mouzer. They started firing indiscriminately and attacked on his brother Sughar Singh as a result, Jagdish, the driver lost his life on the spot itself, whereas he took his brother to the hospital, where he was declared dead, Yuvraj is getting himself treated as he is injured and one more person namely Sintu has also died in shootout. 3-4 more persons were with Rustam Singh who had also deboarded from the vehicle and were armed with firearms and had also fired. Thereafter, all the accused persons went away in their Scorpio vehicle. It was also alleged that this incident has been committed by Rustam Singh and his companions at the instigation of and in conspiracy with Sitaram Yadav, Mahendra Yadav. It was also stated that he would disclose the names of other unknown persons after collecting information in this regard.

5. On the basis of above mentioned Dehati Nalishi, the police registered the FIR for offence u