RAKESH TIWARI, J. - (1.) HEARD Sri S.P. Srivastava holding brief of Sri P.K. Singh,counsel for the appellants, Sri R.A. Mishra, AGA and perused the record of the case carefully.
(2.) THIS appeal has been preferred by the appellants Dabbu alias Mahesh and Chaddu alias Sahilesh, both sons of Sri Ram Sewak, resident of Saradamai, Police Station Bishungarh, district Auraiya, under Section 374(ii) CrPC. The appellants have challenged the validity and correctness of the judgment and order dated 3.2.2003 passed by learned Sessions Judge, Kannauj in S.T. No.404 of 2001 (State Vs. Chaddu alias Shailesh ) and S.T. No.404-A of 2001 ( State Vs. Dabbu alias Mahesh ), whereby, the accused-appellants have been convicted under Section 302 read with section 34 IPC and sentenced to undergo rigorous imprisonment for life. Briefly stated the facts giving rise to the present appeal are that there was enmity brewed between the complainant Ram Nath and the accused appellants pursuant to the election of Pradhan in the village. On 11.6.2001 at about 6.30 p.m. when Sita Ram, father of the complainant was standing near the corner of his orchard Dabbu and his brother Chaddu, sons of Ramdev, residents of Village Shardamai came armed with gun and country made pistol, they fired 3-4 shots upon Sita Ram with intention to kill. On hearing the sound of gun shot and cry of his father the complainant along with his son Munish and cousin Ram Swarup, son of Lalman came running on the site of occurrence other persons nearby also arrived there. Upon seeing them the accused made their escape good towards the agriculture fields in Northern side. The written report was submitted by Ram Nath at 7.45 p.m. to P.S. Bishungarh, district Kannauj stating that his father Sita Ram has succumbed injures as a result of gun shots fired by the accused and his body was lying on the spot. The complaint was registered in the G.D. as Case Crime No.31 of 2001 under section 302 IPC, Police Station Bishungarh, district Kannauj against the accused appellants Dabbu and Chaddu, sons of Ram Sewak. The investigation was conducted by Sri Sukhram Verma, Station Officer of the said police station. He visited the spot on 11.6.2001, but due to insufficient light inquest report could not be prepared. On 12.6.2001 the Investigating Officer again went to the place of incident and inquest report was prepared by Sub Inspector Natthan Singh under the direction of the Investigating Officer. He also prepared recovery memo regarding seizure of five empty 12 bore cartridges from the spot and samples of plain and blood stained earth from the spot in presence of public witnesses and also papered the site plan. The body of the deceased Sita Ram was sent for postmortem to the District Hospital.
(3.) THE postmortem was conducted on 12.6.2001 by Dr. Anil Kumar Mishra, who submitted report stating that the deceased was 65 years of age; that rigor mortis had passed away from the upper part of the body, but was present on its lower part and that death had occurred due to ante-mortem injuries on the body of the deceased in the postmortem proved by him in his deposition were as under : [VERNACULAR TEXT OMMITED];