JUDGEMENT
RAJ BEER SINGH,J -
(1.)This criminal appeal has been preferred against the judgment and order dated 10.10.1990 passed by IInd Additional Sessions Judge, Jalaun at Orai in S.T. No. 15 of 1988 (State vs. Prabhu and Five Others) and S.T. No. 34 of 1988 (State vs. Ram Babu), under Sections 148, 120-B, 302/149 of Indian Penal Code (hereinafter referred to as 'I.P.C.'), police station Rendhar, district Jalaun, whereby accused-appellants, namely, Prabhu, Ram Behari, Balvir Singh, Virendra Singh, Lallu and Ram Babu have been convicted under Section 302/149 of IPC and sentenced to undergo imprisonment for life. They were further convicted under Section 148 of IPC and sentenced to undergo two years rigorous imprisonment. Both the sentences were directed to run concurrently. However, all the above-stated accused-appellants and co-accused Paras Ram were acquitted of charge under Section 120-B of IPC.
(2.)During pendency of the appeal, accused-appellants Prabhu and Lallu have expired and their appeal has already been abated by this Court vide order dated 04.07.2019. As per report of concerned C.J.M., dated 21.11.2019, accused-appellant Ram Babu has also expired and thus, the appeal in respect of accused-appellant Ram Babu also stands abated. Now, the present appeal is confined only in respect of accused-appellants, namely, Balbir, Virendra and Ram Behari.
(3.)Prosecution case is that complainant/PW-3 Mool Chandra alias Ram Chandra has got executed a Will regarding one acre of land and a house in his favour from his distant cousin Ganesh. Co-accused Parshuram Kanojiya has threatened the complainant that for getting the Will in his favour, he (PW 3) has to pay for his life. 4-5 days prior to the incident, a panchayat was also held and due to the said Will, accused-appellant Prabhu has turned Ganesh out of home. Due to the alleged Will, accused-appellant Prabhu was nurturing an animosity against the complainant. It is alleged that in the intervening night of 22/23.07.1987 at around 1:00 AM, accused-appellants Balbir, Virendra, Ram Behari and deceased accused-appellant Prabhu, Ram Babu and Lallu, armed with licenced guns, trespassed into the house of the complainant. Due to summer season, complainant and his family members were awaking and there was light of lantern. Complainant's son Shyam Babu, his wife Kailashi and son were lying at the roof. Deceased accused-appellant Prabhu fired a shot at complainant's son Shyam Babu, resultantly he fell down on ground floor in courtyard. Shyam Babu starting crying that he has been fired by Prabhu and thereafter, all the accused persons came inside the house through window and threatening that they would teach a lesson for getting the Will executed, deceased accused-appellant Prabhu exhorted accused-appellant Balbir to kill Shyam Babu. Consequently, accused-appellant Balbir fired a shot at Shyam Babu, causing his death at the spot. When complainant's wife Ladaiti ran to save him, deceased accused-appellant Ram Babu committed her murder by causing fire-arm injury to her. Other accused-appellants have also made firing. Hearing noise and cries, several villagers, including Ramsewak, Niranjan Shyam Karan, Prem Nath reached at the spot, but thereafter, all the accused-appellants went away. Due to firearm injuries, complainant's son Shyam Babu and wife Ladaiti have died at the spot. Complainant/PW-3 reported matter to police by submitting written complaint Ex. Ka-1 and on that basis, a case under Sections 147, 148, 149, 302 of IPC was registered on 23.07.1987 at 07:15 AM against all six accused persons vide first information report Ex. Ka-4.