M.A.KHAN, J. - (1.) THIS is an appeal against the judgment and order dated 17-4-1998 passed by Sri I. B. Singh, learned Addl. Sessions Judge, Kanpur Nagar thereby convicting the appellants of the offence punishable under S.148, IPC and sentencing them to under go R.I. for a period of two years each and further convicting the appellants of the offence punishable under S.302, IPC and sentencing them to under go imprisonment for life and further convicting all the appellants of the offence punishable under S.201, IPC and sentencing them to under go R.I. for a period of one year each. All the sentences were made to run concurrently.
(2.) BRIEF facts leading to the prosecution of the appellants are that on 16-9-1996 at about 11.30 a.m. the complainant Ram Lal (PW 1) son of Gulab resident of village Natthapurwa within the circle of police station Gwaltoli, Kanpur Nagar along with his sons Ram Ashrey, Sukh Ram and Sukhdeo were going to Kanpur Court in connection with a criminal case on Cycles. One Cycle was being driven by Ram Ashrey (deceased) and on the back seat, his brother Sukh Ram was sitting. On another, Cycle, the complainant Ram Lal (PW 1) and his third son Sukh Deo were sitting and it was being driven by Sukhdeo. When those four persons reached near the field of one Nokhey in the area of village Mangalpur, all the appellants armed with country made pistols met the complainant Ram Lal (PW 1) and his sons and all of a sudden started firing recklessly. As a result of which Sukh Ram and Ram Ashrey sustained fire arm injuries, fell down and died on the spot. However, Ram Lal (PW 1) and his third son Sukh Deo escaped unhurt and started fleeing away from the scene of occurrence leaving behind the cycle. One Munna (PW 2) had also arrived on or near the sense of occurrence on a cycle and he too witnessed the occurrence. Thereafter, according to the prosecution, the appellants dragged away the dead bodies of Sukh Ram and Ram Ashrey and also took away the two cycles left on the spot. Shortly thereafter the complainant Ram Lal (PW 1) and other persons who had assembled on the spot started chasing the culprits with the help of marks of dragging. As soon as Ram Lal (PW 1) and his companion reached towards west near the canal, they found the dead bodies of Sukh Ram and Ram Ashrey lying on the bank of Ganges canal but no cycle said to have been taken away by the appellants was found. Ram Lal (PW 1) then went to the police station and lodged a written report Ext. Ka - 2 of the occurrence at 11.30 a.m. on 16-9-1996. On the basis of it a chick report was prepared and a G.D. entry was made at the police station. The police force reached the sense of occurrence immediately and Sri Raja Ram Singh (PW 5) the then S.H.O. of police station Gwaltoli, Kanpur City recorded the statement of Ram Lal first informant, and arrived on the scene of occurrence. He inspected the scene of occurrence and prepared the Memo Ext. Ka - 6 thereof. The Investigation Officer took the sample and blood stained earth from the scene of occurrence and prepared its Memo Ext. Ka - 7 he also prepared the site plan Ext. Ka - 8. The Investigating Officer also reached at the place where the dead bodies of Ram Ashrey and Sukh Ram were found lying on the bank of canal. He inspected that place also and prepared its site plan Ext. Ka - 8 thereof. The Investigating Officer further prepared the Panchayatnamas Exts. Ka - 10 and Ka - 11 of the dead bodies of Ram Ashrey and Sukh Ram and then the bodies were sent to the hospital for post mortem examination and the same was conducted in the district hospital Kanpur Nagar vide post - mortem reports Exts. Ka - 4 and Ka - 5. After completing necessary formalities of investigation charge sheet was submitted against the appellants. The accused - appellants pleaded not guilty to the charges framed against them and claimed to be tried. Their defence is that they have been falsely implicated in this case due to enmity.
(3.) IN support of its case the prosecution examined five witnesses in all. They are complainant Ram Lal (PW 1), Munna (PW 2), Sher Singh (PW 3), Dr. R. K. Chaturvedi (PW 4) and S.H.O. Raja Ram Singh, Investigating Officer (PW 5). The defence examined no witness.;