- (1.) G. D. Dube, J. This is an appeal against the judgment and order of First Additional Sessions Judge, Banda, convicting and sentencing each of the appellants to imprisonment for life under Section 302 read with Section 149, I. P. C. It is notworthy that the Lower Court had held the appellants guilty of the offences punishable under Sections 147, 148 and 109 I. P. C. also, but no punishment was proposed under any one of these Sections. The appellants were sentenced only under Section 302 read with Section 149, I. P. C.
(2.) A report was lodged by constable Ragho Prasad of Police Station Karvi, district Banda at 1 l. 00 a. m. in the aforesaid Police Station that while on duty he reached old bus station and there he had been informed by people of the locality that the dead-body was lying near well. Hence he rushed to the spot and noticed the dead body. On enquiry, he found that the dead-body was of Deo Raj Singh. It had several gun-shot wounds. A case was registered on the said report and the investigation was taken up by Janki. Tiwan Misra (P. W. 5), Mahtab Singh, Sub-Inspector had prepared inquest report of the dead-body and sent it in a sealed cover to the mortuary for post mortem. He had inspected the site and prepared site plan. He had interrogated Ragho Prasad (P. W. 1), Shri Singh (P. W. 2), Gillari (P. W. 3) and Chabi Nath (P. W. 4) and thereafter submitted charge-sheet against the appellants. The prosecution story, as put forward by the prosecution, was that there was an enmity between Deo Raj Singh and the appellants. It was alleged that in the murder of Natthu Singh (brother of appellant Pheran Singh) the deceased Deo Raj Singh, his brother Shri Singh and three others were accused. This Sessions Trial resulted into acquittal, Smt. Shanta, sister of appellant Ram Lakhan had implicated Deo Raj Singh and Shri Singh in a murder case of some nill area. In this case also, Deoraj Singh was acquitted. Deoraj Singh had lodged a report against Pheran Singh and others under Section 307, I. P. C. in which they were also acquitted. It was alleged that on account of the aforesaid enmity there was no relationship between the two parties. On 26th January, 1972, Gillari Chhabi Nath and Deoraj came to Karvi. Nandlal and Bhuru Singh had also accompanied the aforesaid three. Chhabi Nath was to get a litigation of his sister-in-law Smt. Ramaiya settled. Hence they stayed at the quarter of Ram Kakhan appellant who was residing in a Kothari within the premises of public works department. Smt. Shanta, sister of Ram Lakhan went to see a movie along with her son Parasi and Smt. Ramaiya. At about 8. 00 p. m. Deoraj, Gillari and Chhabi Nath were sitting on the Chabutra where Ram Lakhan was cooking his food. At that time, other appellants, namely, Sheo Kumar, Sheo Das, Ram Lal and Pheran Singh came. Pheran Singh and Ram Das had guns. Others had lathis. They gagged Ramraj and dragged him forcibly. At that time, Ram Lakhan exhorted them to kill him soon. Thereafter, these persons had shot Deo Raj near the well. The appellants have threatened the witnesses that if they disclosed this fact to any body, then they would also be done to death. Hence after return of Smt. Ramaiya, the two witnesses hurried back to their houses.
(3.) THE prosecution examined Ragho Prasad (P. W. 1), Shri Singh (P. W. 2) Gillari (P. W. 3) and Chhabi Nath (P. W. 4 ). THE appellants had pleaded not guilty to the charges. THEy had alleged that they had been falsely implicated in this case. THEy had not produced any witness in defence. After appraisal of evidence, the learned Judge found the appellants guilty of the offences punishable under Sections 302,147,148 and 109, I. P. C. Out of four witnesses of fact, Ragho Prasad (P. W. 1) was a witness relating to the information about the presence of the dead body and his report regarding this dead body in the police station. He has not stated any thing about actual killing by the appellants.;