DALVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) All the appellants have been convicted by the judgement of the trial court dated 20.4.2006 combinedly passed in S.T. No.363 of 2004 under Sections 147, 148, 302 read with Section 149 I.P.C. and S.T. No.364 to 367 of 2004 against the appellants Kashmir Singh, Lakhvir Singh @ Lakvinder Singh, Malkhan Singh and Dalvir Singh for offence under Section 4/25 Arms Act. Each of the appellant has been sentenced to undergo R.I. for one year for the offence under section 147 I.P.C. The appellants were convicted and sentenced to undergo R.I. for two years for the offence of Section 148 I.P.C.. The appellants were convicted with life imprisonment alongwith stipulation of fine and sentence in default for each count. For the offence under Section 4/25 Arms Act each of the appellant has been convicted and sentenced to undergo R.I for two years along with the stipulation of fine and sentence in default of the payment of fine.

(2.) In the present case, three persons were murdered who were the mother and two brothers of Smt. Kuldeep Kaur who lodged the F.I.R. claiming herself to be the eye-witness, on 24.5.2004 with the facts that she was married on 5.4.2004 after the death of her father. Pyara Singh (non-appellant) and his four sons (the appellants before this Court) were pressurizing Sohan Singh, the father of the complainant to settle the landed property dispute outside the Court which Sohan Singh did not agree whereupon the appellants and Pyara Singh are said to have felt offended and they threatened to finish the family as a whole. On 23.5.2004, at about 4.00 p.m., the complainant along with her husband visited the ''Dera of her parental house.' and slept over the roof. Her mother and both brothers slept in the verandah of the house. At about 2.30 or 3.00 a.m. in the night, Pyara Singh alongwith his four sons in the company of three-four unknown persons being armed with ''Tamancha', knife and sword arrived at and mercilessly murdered Beant Kaur, the mother of the complainant and Balbinder Singh, the brother of the complainant. The other brother of the complainant namely Neetu @ Narendra Singh was alive though he received numerous injuries to his person. He was sent to Rampur for treatment. The complainant lodged written report scribed by Ranjit Singh at 7.50 in the morning of 24.5.2004.The injured Neetu @ Narendra Singh while he was taken to Rampur District Hospital, was found dead. After the inquest of the three dead bodies, they were sent for postmortem.

(3.) During investigation, the Investigating Officer recorded the statement of the witnesses. On 25.5.2004 in the afternoon, the Investigating Officer is said to have arrested four accused persons who are appellants before this Court and on their confession and pointing out, the weapon of assault to wit three knives and one sword were recovered from the field of Bharat Singh in the village. Memo was prepared and separate offences under Section 4/25 Arms Act were registered against all the appellants. After investigation, charge sheet was submitted against all the nominated accused persons under Section 147,148.302/149 I.P.C and separate charge sheets were also filed under Section 4/25 Arms Act against the four appellants before this Court. Accused Pyara Singh died and did not face the trial. The remaining accused persons who are the appellants before this court faced trial and were convicted as mentioned earlier.