VISHNU SAHAI, J. - (1.) This appeal has been preferred by Kushal, Kashi Ram and Sanwal against the judgment and order dated 31-1-1981 passed by the II Additional Sessions Judge, Unnao in Sessions Trial No. 371 of 1980, whereby they have been convicted and sentenced in the manner stated hereinafter :- Sanwal :- (i) UnderSection 302 IPC to undergo imprisonment for life; and (ii) under Section 394 read with 397 IPC to undergo 7 years R.I. Kushal and Kashi Ram :- (i) Under Section 302/34 IPC to undergo imprisonment for life; and (ii) Under Section 394 IPC to undergo 5 years R.I. The sentences of all the appellants were directed to run concurrently.
(2.) Shortly stated the prosecution case runs as under :- Deceased Sabira was the daughter of the informant Rajja PW-1. She was married to Barkat of village Hardaspur within the limits of Police Station Sandila, district Hardoi. 10 days prior to the incident, the informant had brought her to his house in village Rajepur Grunt (Pulenda) within the limits of Police Station Ashiwan, district Unnao. On 6-4-1980 at about 8.30 p.m. Sabira went to answer the call of nature at the back of the informant's house. 2-3 minutes later, the informant heard cries of Sabira to the effect "DAUDO MARE DALTE HAIN". Hearing them the informant, who was joined on the way by his neighbours Ishrar (PW-2) Sahjade and Subedar who were having lathies and torches rushed. When they reached near the southern Mend of field of Bachcha, and flashed torches they saw, from a distance of 40 steps, that in the drain situated between the fields of Madari and Hamid, appellant Sanwal was assaulting Sabira with tabbal and appellants Kushal and Kashi Ram were forcibly taking off ornaments from her person. On seeing them the appellants ran away. Thereafter, the informant reached at the place where Sabira was assaulted and found her dead. On account of the fact that there was no Chaukidar in the village and near, the informant did not proceed to lodge the FIR at night. In the morning, he along with Husaini proceeded to Police Station Ashiwan on foot. In Ashiwan, he met Surya Prakash and dictated the FIR to him and thereafter, lodged it at 8.15 a.m. at Police Station Ashiwan.
(3.) The evidence of S.I. Ram Krishna Nigam, PW-3 shows that on 7-4-1980 at 8.15 a.m. the informant Rajja lodged the FIR at Police Station Ashiwan and on its basis, in his presence a case was registered by Head Constable Jang Bahadur, whose signature and writing he recognizes.;