B.N. Shukla, J. - (1.) THIS criminal appeal is directed against the judgment and order dated 27.3.1981 passed by II Additional Sessions Judge, Rampur in Session Trial No. 346 of 1979 (Case Crime No. 346/1979, under Sections 302, 302/34 and 307/34 IPC relating to Police Station Suar, District Rampur, whereby convicting appellant Mehboob Jan under Section 302 IPC simplicitor and 307/34 IPC, Afsar Ali and Nabi Jan under Sections 302/34 and 307/34 IPC and sentencing them to undergo imprisonment for life under Section 302 IPC and seven years RI under Section 307/34.
(2.) IN brief, the prosecution case is that on 23.8.1979 at about 11 A.M. when the complainant Mohammad Nabi along with his son Kalbe Ali, deceased, was weeding his Juar crop and accused Mehboob Jan was ploughing his adjoining field with a tractor then accused Afsar Ali came there and Mehboob Jan got down from the tractor and went at the adjoining field of the complainant Mohammad Nabi and asked that he should join openly his group otherwise he would face dire consequences and on refusal accused Mehboob Jan gave him a slap and thereupon the complainant Mohammad Nabi along with his son Kalbe Ali deceased went his house in the village and thereafter on same day at about 12 O' Clock in the day when the complainant Mohammad Nabi and his son Kalbe Ali deceased were going on the village pathway by the side of the house of Salamat, accused Mehboob Jan, Afsar Ali and Nabi Jan being armed with guns came nearby the tank under the Pakhar tree and on seeing them when the complainant Mohammad Nabi and his son Kalbe Ali deceased had tried to run away towards the house of Salamat, accused Mehboob Jan fired a shot with his gun which hit Kalbe Ali at his back and he fell down in front of the house of Salamat and that on raising alarm, the village people namely, Salamat, Shahzadey Khan, Sharafat and Akhtar Ali had arrived and that on seeing Kalbe Ali lying on the ground in a pool of blood and the village people have assembled, the assailants went away from there. Thereupon, the injured Kalbe Ali was brought through a bullock cart to Primary Health Centre, Suar but he succumbed to this injuries at the hospital Suar. The informant Mohammad Nabi got written report (Ex. Ka -1) dictated by Dori Lal and submitted it at Police Station Suar on 23.8.1979 and FIR (Ex. Ka -15) was registered at 4.00 P.M. by Head Moharrir Kishal Lal Sharma (PW -6) and made an entry in the General Diary (Ex. Ka -16).
(3.) THE investigation of the case was taken up by S.I. Har Saran Pawar (PW -4). He visited the hospital at Suar and conducted inquest on the dead -body of Kalbe Ali. He prepared inquest report (Ex. Ka -2)and relevant papers (Ex. Ka -3 to Ka -6). The dead -body was dispatched for post -mortem through Constable Shishupal Singh and Rameshwar Dayal.;