RAJ BEER SINGH, J. - (1.) These criminal appeals have been preferred against the impugned judgment and order dated 13.01.1989 passed by Sessions Judge, Fatehpur in S.T. No. 297 of 1987 (State vs. Abdul Karim and Two Others), Police Station Bindki, District Fatehpur, whereby accused-appellant Abdul Karim has been convicted under Section 302 of Indian Penal Code (hereinafter referred to as 'I.P.C') and accused-appellants Munnu Kurmi and Taj Babu alias Tar Babu have been convicted under Section 302/34 of IPC and all the accused-appellants were sentenced to undergo imprisonment for life.
(2.) Prosecution version is that on 31.10.1986 complainant/PW-1 Nizamuddin has filed a written complaint before the police, alleging that on 31.10.1986, his brother Babu Khan (deceased) was returning from market to village and as he reached near culvert of village, accused Karim, Tar Babu and Munnu, who have waylaid there, started assaulting Babu Khan with clubs and knife. Babu Khan started running raising alarm and hearing cries of Babu Khan, one Jahur, complainant's cousin Kallu and complainant ran towards him and challenged accused persons, but accused persons Karim, Tar Babu and Munnu overpowered Babu Khan and fell him down in the field of Rampal Dhobi. Accused-appellant Munnu caught feet of Babu Khan, accused-appellant Tar Babu caught his hand and accused-appellant Karim managed to sit at the chest of deceased Babu Khan and inflicted knife blows at his neck. By the time complainant and above-stated persons reached near spot, all the three accused persons ran away towards eastern side. Complainant and his companions tried to chase them, but in vain. Babu Khan died at the spot.
(3.) On the basis of written complaint Ex. Ka-1 of PW 1 Nizamuddin, case was registered on 31.10.1986 at 18:40 hours against all the three accused persons, namely, Abdul Karim, Munnu Kurmi and Taj Babu alias Tar Babu under Section 302 of IPC vide FIR Ex. Ka-3.;