RAKESH TIWARI, J. - (1.) HEARD Sri P.K. Singh, Sri R.P. Singh assisted by Sri Ramanuj Yadav, appearing for the appellant, Sri R.Y. Pandey, learned A.G.A. for the State, and perused the record.
(2.) THESE two connected criminal appeals arise out of judgment and order dated 10.10.2005 passed by the Additional Sessions Judge,(F.T.C.) Chitrakoot, who in Session Trial No. 93 of 1996 : State Vs. Bansh Gopal and others in Case Crime No. 573 of 1996 under section 302/34 IPC, Police Station-Karvi, District-Chitrakoot, whereby both the appellants have been convicted under section 302/34 IPC, and sentenced life imprisonment with fine of Rs.2,000.00, and further three months imprisonment in case of default of payment of fine. The facts culled out from record in a nut shell are that informant- Mathura Prasad, lodged a report on 25.5.1996 at police station alleging that he along with his brother Prem Chandra Singh had come at the District Court, Karvi on the date fixed in a case. His brother Prem Chandra Singh informed him that he was being called upon by the accused Bansh Gopal & Durga Lodh at the vegetable shop of one Vijai Kumari situated in front of Baldevganj Mandi. Harish Chandra & Raja Ram belonging to his village were also with him. After some time when they reached in front of the house of Vijai Kumari while on way to their village, there was no one present at her vegetable shop. At that moment accused Bansh Gopal in a state of perplex came out from the house of Vijai Kumari and went away towards Kashai riding on his three wheeler cycle. They became alert after they saw blood on clothes and person of accused Bansh Gopal. When they went towards the door of the house of Vijai Kumari, accused Vijai Kumari and Durga Lodh came out hurriedly of the house and bolted the door from out side. Their clothes were also smeared with blood and they looked frightened. When the complainant asked them for the whereabouts of his brother, they went away quickly without giving any reply. On being suspicious they opened the front door of the house and saw the dead body of his brother Prem Chandra Singh lying there in a pool of blood. They raised alarm and entered inside the house. An Iron rod, a wooden mugri and a knife were lying near the dead body soaked with blood. The informant in his written statement averred that all the three aforesaid persons had committed the murder of his brother Prem Chandra Singh and the incident had occurred at 2.00 p.m.
(3.) ON the basis of written report an FIR was lodged on 25.5.1996 at 15.05 P.M. registering Case Crime No. 573 of 1996, under section 302 IPC at Police Station-Karvi, District-Banda against the accused. The investigation was handed over to S.I. Santbux Singh, who conducted investigation and prepared recovery memo of one full sleeve shirt in sky colour with blood stains and a pant of brown colour with blood stains which was washed out, on 26.5.1996. Another recovery memo of blood stained clothes i.e. Petticoat, blouse and sari of the accused Vijai Kumari which she was wearing when she was apprehended near petrol pump on 26.5.1996 was made in presence of the witnesses.;