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14. In order to support its case prosecution had examined 15 witnesses in the trial and defence had examined Subhash Singh as D. W. 1.

15. The Sessions Judge after considering the evidence on record convicted the appellants Budhraj Singh, Jai Bahadur Singh, Chhote Singh alias Malkhan Singh under Section 302/34 and 307/34 I.P.C., Budhraj Singh and Jai Bahadur Singh were further convicted under Section 25 Arms Act and Chhote Singh alias Malkhan Singh was convicted under Section 25/4 Arms and sentenced, as aforesaid.

18. The counsel for the appellants has challenged the findings of the trial court on various grounds. In order to appreciate the submissions of the counsel for the parties we have to examine carefully the evidence on the record.

19. P.W. 1 Rakesh Singh deposed that on 4.7.2003 at about 5.45 p.m. he his elder brother Awdhesh Singh alias Puttan Singh, his uncle Chhutkan Singh, Chhunu Gupta and Sukhveer Singh were playing cards in front of the shop of Chhunun Gupta under a tin shade after spreading polythene and sacks. At that time Budhraj Singh, Jai Bahadur Singh came from northern side on a Motor Cycle and Chhotey Singh alias Malkhan Singh and Manoj Singh came from southern side on a motor cycle and parked their vehicles on Kharanja. Chhotey Singh and Malkhan Singh and Manoj Singh started assaulting Awdhesh Singh alias Puttan Singh with a knife and a Chapar. Budhraj Singh and Jai Bahadur Singh fired at his brother. He entered in the shop of Chhunu Gupta and all the four accused had apprehended him and dragged outside the shop. Chhotey Singh alias Malkhan Singh and Manoj Singh assaulted him with a knife and a chapar. He sustained injuries on his head and other parts of the body and his left thumb was amputed. They raised alarm and the shop keepers started running away after closing their shops. The accused also threatened that if anybody will come to save them he will also face the same consequence. After sustaining injuries he became unconscious and after regaining consciousness he found himself in Regency Hospital, Kanpur and he was told that his brother Awdhesh Singh died on account of injuries caused by the accused persons. He was also told that near Pipauri village his father, Dashrath Singh was killed by firing and causing injuries by a Chapar and a knife. His father was working in the Head Post Office Bara Chauraha, Kanpur Nagar and he used to return to his village via Pipauri village. Prior to this occurrence there was an election of Pradhan and his mother Shanti Devi had contested and won the election against Suman Devi wife of Jai Bahadur Singh. He further deposed that about one and a quarter month back his father Dashrath Singh had purchased a house in village from Ram Sewak Saxena and about 2 days prior to the execution of the sale deed, Jai Bahadur Singh accused had got an agreement to sale from Shyam Lal, brother of Ram Sewak. In the night of 3/4.7.03 all the accused persons alongwith Shamsher Singh, Babloo Singh, Pappu Singh alias Harnam Singh, Babu Singh Sengar, Smt. Suman Devi, Smt. Rajendra Dulari wife of Pappu Singh Sengar and wife of Babu Singh had conspired in the house of Budhraj Singh.

20. P.W. 2 Chhutkan Singh deposed that about 11 and a half months back at 5.45 p.m. he, his nephew, Awdhesh Singh alias Puttan Singh, Rakesh Singh, Sukhveer and Chhunu Gupta were playing cards under a tin shade in front of the shop of Chhunu Gupta after spreading sacks and polythene. Budhraj Singh, Jai Bahadur Singh, Chhotey Singh alias Malkhan Singh and Manoj Singh reached there on two motor cycles and after parking their vehicles they reached at the place where they were playing cards and Manoj Singh and Chhotey Singh alias Malkhan Singh started assaulting Awdhesh Singh alias Puttan Singh with a chapar and a knife. Jai Bahadur Singh and Budhraj Singh fired at Awdhesh Singh alias Puttan Singh and he became injured. They ran to save their lives. His nephew Rakesh Singh entered into the shop of Chhunu Gupta and all the four accused caught hold of him inside the shop and dragged him outside the shop. He was assaulted by a chapar and a knife and he sustained injuries on his head and various parts of his body. His thumb of left hand was cut and fell on the ground. The accused persons were extending threats that if anybody will dare to save them he will also face the same consequence. On account of fear they could not save his nephews Rakesh Singh and Awdhesh Singh. He was only raising alarm.

22. P.W.3 Balbir Singh deposed that occurrence had taken place about one year back at about 6.30 p.m. he alongwith Bharat Singh of his village were returning to their village Kaitha on foot via Pipauri village and when they reached near trisection after crossing Pipauri Dashrath Singh was returning on his cycle alter his duty from Head Post Office. As Dashrath Singh proceeded ahead of him, two motor cycles came from the side of village Kaitha. One motor cycle was driven by Budhraj Singh and Jai Bahadur was sitting. The other motor cycle was driven by Chhotey alias Malkhan Singh and Manoj Singh was sitting on the motor cycle. Budhraj Singh collided his motor cycle with the cycle of Dashrath Singh who fell and both had parked their motor cycles and thereafter they started assaulting with their weapons. They had raised alarm. The assailants had started firing in the air and threatened them that in case they will give evidence against them they will also face the same consequence and they went towards Madhav Grove. Dashrath Singh died on account of his injuries. After some time one Maruti Car came from the side of Kaitha village and stopped near them. Chhutkan Singh, Shanti Devi. Suresh Singh, Deepu Singh, Sukhveer Singh, Raju Singh, Rakesh Singh and Puttan Singh alias Awdhesh Singh were lying in injured condition in the car. He told Chhutkan Singh that a short while ago Budhraj Singh, Jai Bahadur Singh, Chhotey alias Malkhan Singh and Manoj Singh committed murder of Dashrath Singh and went towards Madhav Grove. He had also inquired Chhuktakan Singh and Shanti Devi as to how the other persons had received injuries and they had told him that Budhraj Singh, Jai Bahadur Singh, Chhotey alias Malkhan Singh and Manoj Singh had attacked Rakesh Singh and Puttan Singh when they were playing cards in front of the shop of Chhunnu Gupta. Chhutkan Singh had also seen Dashrath Singh was dead. Thereafter, Chhutkan Singh took Awdhesh Singh to the Hospital.