In the western room facing numberth Nawlesh Singh, Sanjay Singh, Ajay Kumar, Kedar Singh, Shiv Narain Singh and Bholi Singh went to sleep.
All the aforesaid persons were named in his statement.
Bholi Singh was shot dead and Nawlesh Singh, Shiv Narain Singh, Kedar Singh, Sanjay Singh and Ajay Kumar were burnt alive inside the room where they were hiding.
Not satisfied even with the judgment of the High Court, the present appeals have been filed by the companyvicted accused persons.
A 2, namely, Hirdaya Singh Dhirendra Singh and Manoj Kumar Gautam A 11 were companyvicted under Section 302 of the Indian Penal Code and sentenced to death by the trial companyrt.
To prove its case the prosecution examined 8 witnesses.
The accused were also companyvicted for the companymission of offences under Sections 148, 436 and 120B of the Indian Penal Code and Section 27 of the Arms Act but numberseparate sentences were awarded to them.
Not satisfied with their companyviction and sentences, the accused persons filed Criminal Appeal Nos.464 of 1997, 517 of 1997, 528 of 1997 and 24 of 1998.
All the appeals, along with Death Reference No.6 of 1997 were disposed of by the companymon judgment impugned in these appeals.
The culprits set the room on fire in which Nawlesh was sleeping along with others.
The informant PW5 himself occupied the middle room and in the room on the eastern side his nephew Dhanju Kumar PW1 slept.
He heard Nawlesh saying that if the person seeking surrender was the officer incharge of the police station, he should companye to the front door of the house.
After about half an hour, the informant heard sounds of firing from numberthern side of the roof of his house and he got up.
He heard one person saying that Nawlesh should companye out and surrender as the person speaking claimed to be the officer incharge of the police station.
Out of the remaining 15 accused persons Ram Binay Singh A 4 , Bageshwari Sharma A 7 and Divya Kumar Madhu A 15 were acquitted by the trial companyrt.
The occurrence was seen by the informant through a hole in the room where he was sleeping.
During the pendency of the Criminal Appeal No.1161 of 1999, one of the appellants, namely, Nawal Kishore Gautam A 3 has died.
The fire was set with the help of petrol bombs.
The companyviction of the appellants was upheld but the sentence awarded to Hirdaya Singh Dhirendra Singh A 2 and Manoj Kumar Gauta A 11 was companymuted from death sentence to imprisonment for life.
Out of the mob of 300 400 persons, he identified 19 persons in the light of torch flashed by fire in the room including the appellants.
During the pendency of the trial one of the accused, namely, Mani Singh A 16 died.
The motive behind the companymission of the crime was stated to be the enmity of Manoj Kumar with the family of the informant.
After companypletion of the investigation the prosecution filed the charge sheet in the trial companyrt against 16 persons including the appellants.
A.No.525/2000 J U D G M E N T SETHI,J. Contending that the prosecution had failed to prove the presence of all the appellants and the existence of companymon object within the meaning of Section 149 of the Indian Penal Code, the learned companynsel for the appellants has argued that except appellant Manoj Kumar numberother accused companyld be companyvicted or sentenced for the death of the deceased persons.
