DHARNIDHAR JHA, J. - (1.) THE present appeal was filed by three appellants, namely, Ravindra Singh, Bijendra Singh and Bisram Singh to challenge the judgement and order of conviction dated 19.10.1983 passed on them by the learned 6th Additional Sessions Judge, Shahjahanpur in Session Trial No. 183 of 1983 and the sentence passed upon each of them. However, appellant Ravindra Singh and Bijendra Singh died during the pendency of the present appeal and, accordingly, the appeal against them stood abated, as may appear from the order passed by this Court today, leaving the appeal only for and on behalf of appellant Bisram Singh as regards the substantive sentence of imprisonment passed against them. By the impugned judgement, the learned trial judge had held deceased appellant Ravindra Singh guilty of committing offence under Section 302 I.P.C. as also that under Section 324/34 I.P.C. and had directed him to suffer rigorous imprisonment for life under Section 302 I.P.C. and to pay a fine of Rs.110/- only for committing the offence under Section 324/34 I.P.C. The present appellant Bisram Singh and the deceased appellants Brijendra Singh and Ravindra Singh were held guilty only of committing offences under Section 324 and 324/34 I.P.C. respectively and each of them was directed to pay a fine of Rs. 1100/- only. In case of default, in paying up the fine imposed upon them, each of the appellants was directed to suffer simple imprisonment for six months.
(2.) THE prosecution case was based on the F.I.R., Ex. Ka.-2, lodged by P.W.-1, Smt. Kamla Devi W/o deceased Collector Singh, in which she stated that she alongwith her husband had gone to Shahjahanpur alongwith their son Suresh (P.W.-2) on 03.02.1983. They were also accompanied by Brijpal Singh who happened to be the brother of deceased Collector Singh. It was stated that after having purchased some articles in Shahjahanpur market, they were returning to their house and when they were at the Chak-Road at about 5.00 p.m., the three appellants emerged from the wheat-mustered filed of one Nanda Gareriya (P.W.-4). The deceased was paddling a cycle, whereas P.W.-1 was on foot. It was further stated that Brijpal Singh and Suresh (P.W.-2) son of Kamla Devi, the informant, and the deceased were together, they were moving on foot. The three appellants were armed with guns and as soon as they emerged from the said wheat-mustered field of Nanda Gareriya, they remonstrated the deceased by saying that he had been escaping till that date and they would not spare him. On account of the old enmity, the deceased appellant Ravindra Singh is stated to have fired a shot, which hit him in his chest. It was stated that Brijpal Singh, the younger brother of the deceased, locked Bisram Singh in his arms and the informant snatched his gun but in the meantime the deceased appellant Brijpal Singh in order to killing the informant and Brijpal Singh (not examined), the younger brother of the deceased, fired a shot which injured the left hand of P.W. -1. P.W.-1 and her son P.W. -2 shouted and in the meantime, the three appellants ran away with the gun towards village Sehra. It was stated that after being hit by the shot fired by the appellant Ravindra Singh, the deceased in order to saving himself ran towards north and fell down on the ridge of a field at a distance of 100 yards from the scene of occurrence. He fell by his belly and breathed his last there. It was also stated that on account of the shouts, many of the persons of the village came there and the informant leaving the dead body there within the custody of those villagers came to the police station to lodge report, Ex. Ka.-2.
(3.) IT appears that P.W.-7, S.I. Kali Shankar Tiwari, who was the station officer of P.S. Sehra Mau South, directed Sri Narayan Singh (P.W-4) to draw up F.I.R. and himself took up the investigation. P.W.-7 stated that he recorded the statements of the informant Kamla Devi and also her son, Suresh (P.W.- 2) and others after taking over the investigation himself. He had recorded the statements of witnesses at the place of occurrence and also held inquest upon the dead body on 04.02.1983. The inquest report was market Ex. Ka. 6. He thereafter prepared the relevant documents, like, the sketch of the dead body, the Chalan for sending the same to hospital, which has been marked as Ex. Kas. 7, 8 and 9, and forwarded the same through constable Virendra Pal Singh (P.W.-6) to Dr. B. P. Sharma (P.W.-3) for post mortem examination. Kali Shankar Tiwari (P.W.-7) also inspected the place of occurrence and prepared the site plan, Ex. Ka.-15. During the inspection of the place of occurrence, he recovered blood stained earth, a pair of shoes which were put on by the deceased and the two cycles which were found at the place of occurrence and were, allegedly, belonging to the deceased and his brother Brijpal Singh (not examined) by preparing Exs. Ka. 10, 12 and 13. He searched the houses of the accused persons so as to affecting their arrest but did not find them as may appear from Ex. Ka. 14.;