- (1.) Both these appeals arise out of the common judgment and order dated 23.8.2007 passed by the High Court of Allahabad whereby the conviction of the appellants, (6 in number) inter alia, under Section 302 of the Indian Penal Code (hereinafter for short "the Code") has been affirmed. Each of the accused-appellants in the two appeals under consideration have been sentenced to undergo RI for life besides to serve out further periods of imprisonment for commission of lesser offence details of which are being noticed hereinafter.
(2.) The prosecution case in short is that accused Jagdeo, Sahdeo, Jagroop and Manni Lal are the sons of accused Ram Vishambhar whereas accused Raj Bahadur is related to the accused Ram Vishambhar. On the other hand, complainant Bhagwat Prasad (PW-1) is the brother of one Rameshwar Prasad whereas Ram Sanehi (injured witness No. 2), Girija Shankar (PW-3) and Ram Khilawan are the sons of Rameshwar Prasad. Sarju Prasad (PW-4) and Mahendra Kumar are the sons of Ram Khilawan while Km. Sheela (injured) and Km. Gayatri Devi (deceased) are the daughters of Ram Khilawan. The relationship between the two families was strained and there were disputes between them. According to the prosecution, on 20.3.1981 at about 10.30 p.m. while Holi procession was taken out in the village hot words were exchanged between accused Raj Bahadur and Sarju Prasad (PW-4). When the procession had reached near the house of accused Raj Bahadur, allegedly, the aforesaid accused had threatened PW-4 Sarju Prasad with a country made pistol. Thereupon, Sarju Prasad fled to his house and complained to Bhagwat Prasad (PW-1), Rameshwar Prasad, Girija Shankar (PW- 3), Ram Sanehi (PW-2) and Mahendra Kumar that the accused Raj Bahadur had threatened him. According to the prosecution, the accused persons then arrived at the house of the complainant. While accused Raj Bahadur and Manni Lal were holding Tamanchas (country made pistols), the rest of the accused had come armed with lathis. Thereafter, all the accused started abusing and beating Girija Shankar, Ram Sanehi, Sarju and Mahendra Kumar with lathis. As some resistance was offered by the party of the complainant, particularly Ram Sanehi (PW-2), accused Manni Lal fired at him as a result of which Ram Sanehi sustained injuries. According to the prosecution accused Raj Bahadur also fired at PW-4 Sarju Prasad. However, instead of Sarju Prasad, Km. Sheela was hit as a result of which she sustained injuries. Accused Raj Bahadur is reported to have fired a second shot at Sarju Prasad which once again missed the target and hit Gayatri Devi who died instantaneously. According to the prosecution, the accused persons thereafter entered the house of accused Ram Vishambhar and firing was heard inside the house of the aforesaid accused.
(3.) PW-1 Bhagwat Prasad dictated the written report (Exh. Ka-1) which was scribed by one Ram Kishore and the same was submitted in the Police Station Jafarganj at about 4.30 a.m. on 21.3.1981. On the basis of the said report the FIR (Exh. Ka-3) was registered and investigation was undertaken by one Jai Karan Singh (PW-8) who was posted as S.O. Jafarganj Police Station. Proceeding to the place of occurrence PW-8 found the dead body of Gayatri Devi lying at the door of house of Rameshwar Prasad. Inquest was held and the dead body was sent for postmortem examination. PW-8 also found injuries on the person of Ram Sanehi, Km. Sheela, Sarju Prasad and Mahendra Kumar who were sent for medical examination which was conducted on 21.3.1981 and 22.3.1981. PW-3 Girija Shankar, who also sustained injuries in the incident, was also sent for medical examination on 24.3.1981. Thereafter, on completion of investigation, chargesheet was submitted against all the accused persons under Sections 147, 148, 149, 307 and 302 IPC. The offences alleged against the accused being exclusively triable by the Court of Sessions, the case was committed to the Court of the learned Sessions Judge, Fatehpur who framed charges against the accused appellants under the aforesaid provisions of the Penal Code. As the accused persons denied the charges and claimed to be tried, the prosecution examined ten witnesses in support of its case besides exhibiting several documents. Four witnesses were examined on behalf of the accused and two witnesses, i.e., Budh Behari Pandey and Dhani Ram Yadav were examined as Court witnesses. Thereafter at the conclusion of the trial while the accused Raj Bahadur was convicted under Section 302 read with Section 301 IPC, the remaining 5 accused were convicted under the aforesaid section with the aid of Section 149 IPC. Additionally, accused Raj Bahadur and Manni Lal were convicted under Section 148 and 307 as well as under Section 323 of the Code and the remaining co-accused, i.e. Ram Vishambhar, Jagdeo, Jagroop and Sahdeo were convicted under Section 147 and also Section 323 and 307 IPC read with Section 149 IPC. The sentences imposed on the accused-appellants for the lesser offences need not be specifically noticed as all such sentences were directed to run concurrently alongwith the period of life imprisonment imposed on each of the accused persons under Section 302 IPC. Aggrieved the two appeals in question have been filed by the accused appellants.;