The five appellants, namely, Trikha A 1 his two sons, Sohanvir A 2 and Amar Pal A 3 his brothers son, Krishana Pal A 4 and Veerpal A 5 also a relation of Trikha, were prosecuted under Section 302 read with Sections 148 149 IPC for causing death of one Amar Pal on October 11, 1978 at about 12.30 P.M. The prosecution case in short is that the family of the deceased Amar Pal and the family of Trikha had strained relations and there had been litigations between them.
Both the aforesaid appeals were preferred by the accused appellants against their companyviction and sentence passed by the learned Ist Additional Sessions Judge, Meerut in Sessions Trial No.5/79 under Section 302 read with Section 148 and 149 IPC and companyvicting the appellants for life imprisonment on the charge of murder and also companyvicting them under Section 148 IPC.
With Criminal Appeal Nos.445 446/94 O R D E R These appeals are directed against the judgment dated March 24, 1993 passed by the High Court at Allahabad in Criminal Appeal No.3062/79 and Criminal Appeal No.3247/79.
PW.1 Zile Singh, the uncle of deceased, who was informed about the said incident rushed to the place of occurrence and thereafter he made a statement which was scribed by his relation and the same was sent to the police station which was about nine miles from the place of occurrence.
It may be stated here that in the said FIR, the names of PW.2 and 3 were mentioned as eye witness and the name of one Ranbir was also mentioned as an eye witness but the name of PW.6 Dr.Rajveer Singh was number mentioned.
The FIR was recorded at the police station at about 4.15 p.m. on the basis of fardbayan.
The said doctor after examining the deceased had given him some medicine but when the deceased came out from the said shop, all the accused persons attacked him with knives and they inflicted sixteen injuries by knife on the deceased resulting his death on the spot.
On October 11, 1978, when the deceased Amar Pal was suffering from headache he had been to the shop of Dr.Rajveer Singh PW.6 .
The accused appellants thereafter preferred the aforesaid appeals before the Allahabad High Court which were dismissed by the Allahabad High Court by the impugned judgment dated March 24, 1983.
