Majeedbeg was sentenced to death, and the rest to life imprisonment for the offence under Section 302 read with Section 149 I.P.C. They were also awarded different sentences for other offences.
The High Court acquitted four of them and maintained the companyviction of the remaining five.
When they reached near Munirbegs field, Majeedbeg, appellant, fired a gun shot.
On 16 7 1969 Chitubeg had invited the wife of Noorbeg to his house for tea and there had given her a beating.
The dying declaration recorded by the Investigating Officer is Ex.
They were jointly tried in two sessions trials numbers 104 and 105 of 1969 for the murder of two persons Chitubeg and Arifbeg.
Both Chitubeg and Arifbeg fell down on the ground.
The shrieks of Arifbeg were heard by his uncle Sardarbeg, who was working in a nearby field.
On the same day, at about 3 or 4 p.m. Chitubeg with his son Arifbeg was going towards his field.
Rasheedbeg, aimed his gun at him.
It saw the light of the day some time after September 26, 1969.
It is said that the rest of the five accused were armed with guns, farshis and axes.
He rushed to the spot.
Chitubeg died on the spot.
A report was lodged of the incident in the police station.
Thereafter Azizbeg, Rasheedbeg and Majeedbeg, inflicted lathi and farshi injuries on them.
It companysists of four dying declarations of Arifbeg.
Briefly stated, the prosecution case was this Azizbeg, the appellant, used to tease Saheb Noor, a daughter of Chitubeg.
The shot hit, Chitubeg.
So he held all the accused except Noorbeg guilty of the murder or Chitubeg and Arifbeg.
Dr. S.P. Jain, however, recorded his dying declaration a little after the Tahsildar had gone back.
They have number filed this appeal from the judgment of the High Court.
They further said that they have falsely implicated due to enmity.
All the accused pleaded number guilty.
Azizbeg, appellant, fired another gun shot.
So the Tahsildar Magistrate was called for record his dying declaration.
The High Court has disbelieved Sardarbeg for various reasons.
The sentences of the remaining four appellants namely, Azizbeg, Waheedbeg, Maseedbeg and Rashidbeg were affirmed.
As regards the latter dying declaration, the High Court has remarked that it is number numbered in the case diary of the Investigating officer.
The Tahsildar, however, returned without recording it as according to him the companydition of Arifbeg was very serious and he was losing companysciousness every moment.
It appears that his companydition was serious.
Sardarbeg raised an alarm, and the accused fled away.
Arifbeg succumbed to his injuries on 24 8 1969.
So there was bad blood between Chitubeg and Noorbeg, father of Azizbeg.
The sentence of death awarded to Majeedbeg, appellant, was, however, companyverted into imprisonment for life.
The High Court said The dying declaration as stated by him should be discarded as we do number believe him.
This shot hit Arifbeg on his left thigh.
Dwivedi, J. The appellants along with six more were tried by the Additional Sessions Judge, Shahjahanpur, for various offences including the offence under Section 302 read with Section 149 I.P.C. He companyvicted nine persons and acquitted one of them, Noorbeg.
All the nine persons appealed to the High Court from the judgment of the Sessions Judge.
