JUDGMENT

G.S. Ahluwalia J. - By this common judgment, the Cr.A. No. 410/2010 and Cr.A. No. 456 of 2010 shall be decided.

2. Cr.A. No. 410 of 2010 has been filed by Appellants Ahmed Sayeed, Samim, Anees and Shakeel against the judgment and sentence dated 13-4-2010 passed by Additional Sessions Judge, Sironj, Distt. Vidisha in S.T. No. 15/2004, by which the appellants have been convicted and sentenced for the following offences :

a. Under Section 302 /149 of I.P.C. (On three counts for murder of Fida Mohd., Abdul Azeez and Rabia bi) and sentenced to undergo Life Imprisonment and fine of Rs.1000/- in default 6 months R.I., on three counts ;

b. Under Section 307 /149 of I.P.C. (On three counts for attempting to kill Anwar, Johra bi, and Mohd. Khalil) and sentenced to undergo 7 years R.I. and fine of Rs. 1000/- in default 6 months R.I., on three counts ;

c. Appellant Ahmed Sayeed under Section 148 of I.P.C. and sentenced to undergo 1 year R.I. and fine of Rs. 500/- in default 3 months R.I.

d. Appellants Samim, Anees and Shakeel under Section 147 of I.P.C. and sentenced to undergo 1 year R.I. and fine of Rs. 500/- in default 3 months R.I.

All the sentences to run concurrently.

Whereas Cr.A. No.456/2010 has been filed by the State for enhancement of sentence and for award of death penalty.

3. The necessary facts for disposal of present appeal in short are that the complainant Gaffar Khan lodged a Dehati Nalishi, Ex. P.1 on 5-5-2003 at 10:25 A.M., on the allegations that he is the resident of village Jhujhalakheda and is an agriculturist by profession. There was a dispute between Abdul Azeez and Ahmed Sayeed on the question of boundary of field. At about 8:00 A.M., Haneef Khan, Munne bhai, Fida Bhai and the complainant had gone to amicably settle the matter. Anees, Shakeel, Yusuf and Shamim, all sons of Ahmed Sayeed were also there. The complainant, Munna bhai, Fida Bhai and Haneef Bhai were affixing stones on the earthen boundary. Ahmed Sayeed and his sons Anees, Samim, Yusuf and Shakeel started abusing and scuffling. They were separated by the complainant and others. Thereafter, Ahmed Sayeed and his sons ran towards their house. Ahmed Sayeed came out along with his .12 bore gun. Shakeel was following him along with a belt of cartridges. Shakeel, Yusuf and Samim also came there and started shouting that all should be killed. Ahmed Sayeed fired a gun shot causing injury to Khalil who was standing in the courtyard of Ahmed Sayeed. He fell down after sustaining gun shot injury. Thereafter, Ahmed Sayeed fired a gun shot causing injury to Azeez, who also fell down after sustaining gun shot injury. Azeez was standing in front of the house of Munnawar. Rabia bi was also standing there, who also sustained gun shot injuries and also fell down. The children and other ladies came on the spot and started crying and pleading for mercy from Ahmed Sayeed, but Ahmed Sayeed did not stop. Anees, Shamim, Shakeel and Yusuf were exhorting that no one should be spared. Thereafter, Ahmed Sayeed, after reloading his gun caused gun shot injuries to Johra bi, Akhtar, Jamil, Anwar, Rabia bi, Chhammu Khan, Haneef Khan. Ahmed Sayeed was challenging that if any body has a courage, then he may come forward. The people ran helter-skelter. Fida Bhai along with his wife, was going on a motor cycle to lodge a report. The movement he started the motor cycle, Sayeed Ahmed came nearer to the house of the complainant, and fired a gun shot causing injuries to Fida and his wife as a result, both of them fell d