SURENDRA SINGH,J. - (1.) CHALLENGED in this appeal is the judgement and order dated 5.11.1982 passed by Vth Additional Sessions Judge, Deoria in Sessions Trial No. 67 of 1981 (State of U.P. Versus Ramayan Singh and others), convicting and sentencing the Appellants under Sections 302, 302/34 IPC for the life imprisonment. THE FACTS
(2.) AN incident is said to have taken place on 27.11.1980 at about 10:00 hours. In this incident one Ram Briksha (Deceased) was killed. Harkesh (Informant), is the brother-in-law (Sala) of the Deceased lodged the FIR at 10:30 hours at the police station Rampur Karkhana, District Deoria, under Section 302/34 IPC vide Case Crime No.164 of 1980. The distance of the police station from the place of incident is one and a half miles.
(3.) THE allegations as contained in the FIR are as follows: The litigation regarding the landed property was pending in the civil court Deoria between Appellant no.1, Ramayan Singh and the Deceased Ram Briksha; It is alleged that on 27.11.1980, at 10:00 hours, the Deceased Ram Briksha, accompanied by his brother-in-law (Sala) Harkesh was going to Deoria in connection with his case and to some other places for settling marriage of his daughter; When they reached on the main road near the shop of one Deep Lal, Appellants emerged out from the shop of Deep Lal and Appellant Ramayan Singh threw a bomb at the Deceased as a result of which, he fell down on the C.C. Track of the road; Harkesh (Informant) on seeing this ran towards west and in the meantime, Appellant no.2 Udai Bhan fired his country made pistol upon the Deceased and thereafter it is alleged that Appellant no.3 Bhawan Singh has also fired his country made pistol on the back of the Deceased. The incident is alleged to have been seen by all those persons accompanied with the victim; It is alleged that the Informant Harkesh was also chased by Appellants no.2 and 3 up to some distance; Informant Rakesh is said to have gone to the police station Rampur Karkhana when he was told by a passenger of the jeep about the death of Ram Briksha where he lodged written FIR. ;