U. S. Tripathi, J. - (1.) -This appeal has been directed against the judgment and order dated 26.2.1981 passed by Sri K. K. Srivastava, 4th Additional Sessions Judge, Fatehpur in Sessions Trial No. 326 of 1980 convicting the appellant Ram Swaroop under Section 302, I.P.C. and appellants Ram Kripal and Ved Narain under Section 302 read with Section 34, I.P.C. and sentencing each of them to undergo imprisonment for life.
(2.) THE prosecution story, briefly narrated, was that Deo Raj Singh (27) deceased was real brother of Dharam Pal Singh (P.W. 1) and was resident of village Sidhaon, P.S. Lalaulli, district Fatehpur. One Chunwad of the said village was murdered and Deo Raj Singh and Dharam Pal Singh (P.W. 1) were accused in the said murder case. THEy were released on bail in the said murder case on 9.3.1979. Appellant Ram Swaroop, Ram Kripal and Ved Narain were friends of said Chunwad and wanted to take revenge from Deo Raj Singh deceased. On the night of 19.3.1979 at about 9.00 p.m. Deo Raj Singh deceased and Dharam Pal Singh (P.W. 1) were going to attend the call of nature. When they reached near the house of Bhola Kachhi in their village, appellant Ram Swaroop armed with country made pistol, Ved Narain armed with pharasa and Ram Kripal armed with spear came there. The appellants asked Deo Raj Singh deceased and Dharam Pal Singh (P.W. 1) to stop. Dharam Pal Singh (P.W. 1) was few paces ahead and Deo Raj Singh deceased was behind him. On the call given by the appellants, the deceased and Dharam Pal Singh turned their faces and in the meantime Ram Swaroop appellant fired with his country made pistol which hit on the back of Deo Raj Singh deceased. Sustaining injury the deceased fell down and died on the spot. Dharam Pal Singh (P.W. 1) raised alarm which attracted the attention of Ram Pratap (P.W. 2) and Babu Lal who witnessed the occurrence. Appellants were recognised by the above witnesses in the light of electric bulb. On the morning of 20.3.1979 Dharam Pal Singh (P.W. 1) prepared written report (Ext. Ka-1) and went to police station Lalaulli after travelling a distance of 7 miles and lodged report there at 8.15 a.m. The chik F.I.R. (Ext. Ka-3) was prepared by Constable Bhaiya Lal (P.W. 4) who made an endorsement of the same at G.D. report (Ext. Ka-4) and registered a case against the appellants under Section 302, I.P.C.
(3.) INVESTIGATION of the case was taken up by Sri Yadu Nath Dwivedi (P.W. 5), S.H.O. P.S. Lalaulli, who reached the spot, appointed punchas, conducted inquest of the dead body of the deceased, prepared inquest report (Ext. Ka-5), sealed the dead body and handed over to Constable Virendra Singh and Chaukidar Sukh Lal (P.W. 6) for escorting the same to mortuary. Thereafter he interrogated Dharam Pal Singh (P.W. 1), Ram Pratap (P.W. 2) and Babu Lal. The I.O. inspected the place of occurrence and prepared site plan (Ext. Ka-9). He also took into possession blood stained and simple earth from the spot and prepared recovery memo. The I.O. inspected the torch of Ram Pratap (P.W. 2) and gave it in his supurdigi. The autopsy on the dead body of the deceased was conducted on 20.3.1979 at 4.45 p.m. by Dr. V. K. Agarwal (P.W. 3) who found a gun shot wound of entry on the back of the deceased and a gun shot wound of exit and the cause of death due to shock haemorrhage. The Doctor prepared post-mortem report (Ext. Ka-2).;