- (1.)K. S. Rakhra, J. These are two appeals by same set of appellants from the same case and the same judgment dated 19- 8- 1999 passed by IIIrd Additional Sessions Judge, Firozabad in Sessions Trial No. 242/97 whereby he convicted appellants Praveen, Prakash, Keshav and Billiyan under Sections 302/34, IPC and sentenced each of them to rigorous imprisonment for life. Appellants are in jail.
(2.)CASE relates to murder of Sanneg Singh son of Bachan Singh Yadav resident of Abbaspur within the circle of Police Station Narispur District Firozabad. It is alleged that on 25-2-1997 at 11. 30 a. m. Sanneg Singh had gone to take bath at the hand pump of temple in the village. The four appellants, out of previous enmity opened fire on him with country made pistols and guns on account of which he died on the spot. The incident is said to have been witnessed by informant Suresh Chandra who is cousin brother of the deceased and also by Mukut Singh, Vireshwar Singh, Omvir Singh and Radhey Lal P. W. 2. This Radhey Lal is "sadhu" of the deceased in as much as he is married to cousin sister of the wife of the deceased.
According to the prosecution, background of this crime was murder of one Ram Vilas which took place about 13-14 years ago. This Ram Vilas was father of the appellant Praveen and Prakash and brother of the appellant Keshav. In connection with said murder appellant Prakash had named Suresh Chandra (P. W. 1 and informant of the present case), Sanneg Singh, the informant's father Baboo Ram and three other as accused. The said case, however, entered into acquittal within two years.

Admittedly Ram Vilas aforesaid had contested and won village Pradhan's election against informant's father Baboo Ram who was a sitting village Pradhan. Thereafter Ram Vilas was elected Village Pradhan in subsequent election also defeating Gaya Charan a candidate fielded by Baboo Ram. Ram Vilas was however, murdered during his second tenure as Village Pradhan.

(3.)GAYA Charan aforesaid is brother of Jagdish and they are sons of Sri Ram. Prior to the present incident one Natthi Singh had been murdered and in that connection Suresh Chandra P. W. 1, Sanneg's father Bachan Singh and aforesaid Jagdish, GAYA Charan and their father Sri Ram as well as Mukut Singh who is said to be witness of the present incident, were named as accused. Witness Mukut Singh of the present incident was also an accused alongwith informant Suresh Chandra in another case under Section 307, IPC of making attempt or the life of Ramesh.
The above facts give an indication as to how strong was the enmity between Ram Vilas and his sons on the one hand and informant Suresh Chandra deceased Sanneg Singh and their father etc. on the other hand. It also reveals strong affinity of witness Mukut Singh win informant Suresh Chandra P. W. 1 as well as relationship of Radhey Lal P. W. 2 with deceased Sanneg Singh.