Vishnu Chandra Gupta, J. - (1.) IN this criminal appeal the three appellants Lallu Singh, Ran Bahadur and Bal Bahadur challenged the judgment dated 19.7.2006 wherein their conviction under Section 302 read with Section 34, Indian Penal Code was recorded in Sessions Trial No. 311 of 2004 decided by Additional Sessions Judge, Court No. 1, Gonda, The aforesaid trial was related with Crime No. 52 of 2004, Police Station Tarabganj, District -Gonda. All the three appellants were sentenced to life imprisonment as well as fine of Rs. 10,000 each and in default of payment of fine, to undergo Rigorous Imprisonment for a further period of 2 years. The prosecution case, in short, is as under: The informant Satyapal Singh (P.W. 1) informed the police on 12.5.2004 at 11.30 p.m. that his son Manoj Kumar Singh (deceased) was coming back from Ahmadi to his village Dhanauli alongwith Sher Bahadur (C.W. 1) and Shiv Kumar Singh (C.W. 2) on the motorcycle, which was being driven by Shiv Kumar Singh, en route when all the three reached near Ramph (crossing) of Dhanauli Bandha at about 6 p.m. On 12.5.2004 appellant No. 1 Lallu Singh, appellant No. 2 Ranbahadur and appellant No. 3 Balbahadur, stopped the motorcycle with the help of lathi and thereafter killed his son Manoj Kumar Singh by use of country made pistol, lathi and sticks. It was alleged by the informant that his son Manoj Kumar Singh harassed the wife of accused Lallu Singh before this incident of which a case was pending in district court against the deceased. Due to this enmity the incident was occurred.
(2.) AFTER leaving the dead body on the spot, informant went to police station and lodged the written report (Ext. Ka -1). The investigation was started by Dinesh Kumar Roy S.I., (P.W. 4) who reached on the spot and prepared inquest upon the corpse of deceased on 13th May, 2004 at 6.00 a.m. The post -mortem examination report (Ext. A -20) was prepared on 13.5.2004 at 4.25 p.m. by Dr. M.N. Singh (P.W. 5) and found following injuries on the person of the deceased: Injury No. 1. - -Oval wound 4 cm. x 3 cm. x cavity (oral), deep on right side face 2 cm anterior to right tragus (sic), underlying mandible, maxilla fractured in multiple pieces, 39 small pellets recovered from wound in tongue on right side. Margins ragged, inverted and blacked. Injury No. 2. - -Multiple abraded contusion, interrupted, on right side on pinna, anterior and posterior to it 20 cm. x 2 cm. Injury No. 3. - -Round wound 3 cm, x 3 cm. cavity deep on right nipple. Margin ragged, inverted, blackened, direction towards to left side, through and through, rapture of both lungs heart, penetrating chest wall on left side in axillary region with hematoma in muscles and bullet going in medical aspect of left upper arm in muscles with hematoma. Doctor opined the time of death about a day before and cause of death on account of haemorrhage and shock. The case was investigated in its usual manner and thereafter the appellants were charge -sheeted.
(3.) THE case was committed to the Court of Sessions in due course and the appellants were charged under Section 302 read with 34, I.P.C. They pleaded not guilty to the charges and claimed to be tried.;