- (1.) The abovementioned Capital Criminal Appeal, Criminal Appeal and Criminal Reference arise out of the judgment of the Additional Sessions Judge/F.T.C. Court No. 4, Allahabad dated 21.12.2009.
(2.) The Capital Criminal Appeal No. 59 of 2010 has been preferred by the Appellants Prabhakar Singh and Kamlakar Singh. The said Appellants have been awarded a sentence of death and a fine of Rs. 25,000/- each under Section 302 IPC. A reference No. 3 of 2010 for confirmation of their death sentence has also been received from the Sessions Court, under Section 366 Cr. P. C. Criminal Appeal No. 298 of 2010 has been preferred by the Appellants Dev Sharan Singh, Raj Narain Singh, Ram Narain Singh @ Daroga Singh, Narendra Pratap Singh, Diwakar Singh and Baj Bahadur Singh who have been awarded imprisonment for life under Section 302 IPC and fines of Rs. 20,000/- each. All the 8 Appellants above named have also been sentenced to 5 years' R.I. under Section 201 IPC and fines of Rs. 5,000/- each. All the Appellants have further been convicted to one year's R.I. under Section 147 IPC with fines of Rs. 1000/- each and two years R.I. under Section 25 of the Arms Act and fines of Rs. 2000/- each. In default of payment of fine regarding the sentence under Section 302 IPC, the Appellants will have to undergo three years' simple imprisonment. For default of payment of fine under Section 201 IPC one year's simple imprisonment, for the sentence under Section 147 IPC, three months' simple imprisonment and for default of fine under Section 25 Arms Act six months' simple imprisonment have been awarded. All the sentences were to run concurrently.
(3.) We have heard Sri P.N. Misra, Senior Advocate assisted by Sri Devendra Kumar Srivastava for the Appellants and Km. Usha Kiran, learned A.G.A. for the State. The informant Raj Kumar Tiwari, P.W.1 has lodged a report at P.S. Koraon on 24.12.2002 alleging that he had lodged a report regarding missing of his brother Kaushal Kishore Tiwari, Pradhan, gram panchayat Chapar on 19.12.2002. He had learnt from informed sources that his brother had been murdered in the "Arhar" field of Laxmi Narain Tiwari in village Hanumanganj. After that the body had been thrown into the Gorma river. On that information, the informant Raj Kumar Tiwari, his father Kamla Shankar and uncle Uma Shankar and Vidya Kant Tiwari, P.W. 2 and Dev Kant Tiwari @ Sharma and other villagers searched for the body on the banks of the river. When they reached Kau Ghat, P.S. Shahpur, in district Rewa, they recovered the dismembered corpse of Kaushal Kishore Tiwari from a plastic bag which also contained some stones. They gave information about these facts to Police Station Shahpur, district Rewa on 22.12.2002, where inquest was performed and post-mortem was done. After the last rites, Raj Kumar Tiwari lodged a written F.I.R. on 24.12.2002 at 4.30 p.m. at P.S. Koraon on the basis of which a case was registered at Crime No. 298 of 2002 under Sections 147, 302, 201, 506 IPC at P.S. Koraon, district Allahabad (Ext. Ka-1).;