Thereafter both accused Janak Singh and Sarvesh fired upon Khetrapal who fell down on the ground on receiving gunshot injuries.
ARIJIT PASAYAT, J The appellants were companyvicted for offences punishable under Section 302 read with Section 34 of the Indian Penal Code 1860 in short the IPC and sentenced to undergo life imprisonment by the Trial Court.
The Station Officer Mahabir Singh took up investigation and interrogated Bhuri Singh and Surjeet Singh at the police station itself and sent both of them to hospital for medical examination with companystable Lajja Ram.
When deceased Khetrapal fell down on the ground accused Sarvesh fired at Khetrapal from his gun, resulting in Khetrapals instantaneous death.
When Bhuri Singh and Surjeet Singh PW 7 tried to save Khetrapal, they were also fired upon by the accused persons and they also sustained fire arm injuries.
To substantiate its accusations the prosecution examined 8 witnesses.
The investigation was undertaken and on companypletion thereof charge sheet was placed and accused persons faced trial.
Bhuri Singh PW 1 then lodged the first information report, which was ascribed by Ram Singh at police station Etmadpur on the same day at 1.30 p.m., the distance of police station being 4 miles from the place of occurrence.
Earlier Khetrapal used to reside with accused Janak Singh and the latter used to cultivate the land which fell to share of Khetrapal also.
The prosecution version as unfolded during trial is as follows After death of Durga Singh, each of his three sons became owner of about 30 bighas of land.
The land of Khetrapal Singh, which was earlier being cultivated by Janak Singh came into the possession of Bhuri Singh.
They did number get any relief from the Allahabad High Court which by the impugned judgment upheld the companyviction and sentence.
But about a year or 1 1/2 years prior to the incident in question, Khetrapal started living with Bhuri Singh PW 1 .
This was to the disliking of accused Janak Singh.
Though PWs 1 and 7 were stated to be eyewitnesses who had sustained injuries during the occurrence, PW 7 resiled from the statement given during investigation.
One of them, Khetrapal hereinafter referred to as the deceased was issueless.
On the date of incident, i.e. 16.10.1979 at about 10 a.m., Khetrapal along with Bhuri Singh PW 1 and Surjeet Singh PW 7 were proceeding to Etmadpur Tehsil for execution of the Will and when they reached near the pit, the accused Janak Singh armed with a companyntry made pistol and accused Sarvesh with a gun arrived there and enquired from Khetrapal whether he was going to execute a will in favour of Bhuri Singh and when Khetrapal replied in affirmative, Janak Singh told that they would number allow him to do so.
