(1.) This appeal has been filed against the judgment and order dated 30.4.2004, passed by the High Court of Uttarakhand at Nainital, dismissing the Criminal Appeal No. 1767 of 2001 against the judgment and order of the Sessions Court dated 9.8.2001 in Sessions Case No. 254 of 2000 convicting the appellant under Sections 302 and 307 of the Indian Penal Code, 1860 (hereinafter called IPC) and sentencing him to life imprisonment and 10 years rigorous imprisonment respectively. The Sessions Court had also imposed a fine of Rs. 10,000/-, failing which the appellant has to undergo another 3 years rigorous imprisonment.
(2.) The facts and circumstances giving rise to this case are that an FIR was lodged on 27.4.2000 at 6.40 P.M. with Police Station, Rudrapur, by complainant Ajit Singh (PW.1) alleging that his grand father Hardayal Singh had given certain shares in his immovable properties to his three sons, namely, Gopal Singh, Joginder Singh and Mahender Singh and denied a share to his father Inderjit Singh and uncle Paramjit Singh, the appellant. The appellant had fraudulently sold a plot at Rudrapur and to prevent him from repeating such act, appellants father Hardayal Singh executed a General Power of Attorney, as well as a Will, dated 27.04.2000 in respect of one of his properties in favour of the complainants father, Inderjit Singh and thus, the appellant became annoyed. The appellant misbehaved with his father Hardayal Singh and brother Inderjit Singh and threatened them with dire consequences, at the office of the Sub-Registrar at Kichcha.
(3.) On the same day in the evening at 5.45 P.M., the complainant Ajit Singh (PW.1), his father Inderjit Singh and brothers Surender Singh, Saranjit Singh alongwith Satwant Singh and Gurmit Singh went to drop Hardayal Singh at his residence in Matkawali Gali. When they were alighting from the car, the appellant Paramjit Singh and two or three of his associates were sitting there. The appellant, with an intention to kill them, started firing. Thus, complainants father Inderjit Singh, his brothers Surender Singh and Saranjit Singh, died on the spot and complainant Ajit Singh (PW.1), his brother Baljit Singh (PW.2) and his grand-father Hardayal Singh got injured. The incident was witnessed by Gurmit Singh (PW.3), Satwant Singh (PW.4) and cousins of complainant Ajit Singh (PW.1), Rajinder Kumar (PW.5), Harpal Singh (PW.6) and Hira Lal (PW.7).
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