J.C.GUPTA, J. - (1.) THE present appeal has been filed against the judgment and order dated 22-5-1980 passed by the then Additional Session Judge, Fatehpur in Session Trial No. 244 of 1979 convicting appellant No. 1 under Section 302, IPC and appellant No.2 under Section 302/34, IPC and sentencing each of them to im­prisonment for life.
(2.) AT the out set it may be mentioned that as far as appeal of appellant No.1 Munni is concerned, the same has abated on account of his death during the pendency of appeal. The incident in question relates to 25-5-1978 and it is alleged that on that day at about 10 p.m. Majhil Singh PW-1, his deceased brother Kallu Singh and Km. Keta daughter of the deceased were irrigating their fields from the tube-well, which had light of an electric bulb. At that hour the appellant No.1 Munni Pandit armed with a gun and Mithauri with a country-made pistol alongwith two un­known persons who were armed with Lathi came near the field of Majhil Singh. On seeing Kallu Singh accused Mithauri exhorted Munni Pandit whereupon the later fired a shot from his gun which hit Kallu Singh causing injuries in the right side of his abdomen and right hand. Surat Singh PW-3 who was sleeping in the ad­joining field also woke up due to the sound of fire and saw the accused persons while they were taking to their heels.
(3.) MAJHIL Singh PW-1 took injured Kallu Singh to Police Station Kotwali and lodged written report Ex Ka. 1 at 3.15 a.m. On the basis of the written report case was registered and investigation started. Kallu Singh was sent to District Hospital, Fatehpur where he was medically examined by Dr. B.R. Bajpai PW-7 at 5.00 a.m. He found a number of gun shot injuries on the person of Kallu Singh with two exit wounds.;