- (1.) Heard Sri S. B. Singh, learned amicus curiae and Sri Satish Trivedi learned Senior Counsel assisted by Sri Ajay Kumar Pandey, Sri Manish Tiwary, learned counsel for the appellant Ashok and rest of the two appellants and Smt. Raj Laxmi Sinha, learned AGA for the respondent State.
(2.) The appellant Girish Gupta son of Raja Ram and his nephew Virendra Gupta son of Rameshwar Dayal, have preferred criminal appeal no. 1752 of 1982 and appellant Ashok @ Chhuttoo son of Damodar has preferred criminal appeal no. 1719 of 1982 under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment and order dated 19.7.1982 passed by IV Additional Sessions Judge, Bareilly, in Session Trial No. 306 of 1981 State Vs. Girish Gupta and another and Session Trial No. 324 of 1981 State Vs. Ashok @ Chhuttoo, under Section 302 read with Section 34 IPC, Police Station Qila, District Bareilly, whereby the appellant Girish Gupta has been convicted under Section 302 IPC whereas appellants Virendra Gupta and Ashok @ Chhuttoo have been convicted under Section 302 read with Section 34 IPC and all of them have been sentenced to undergo imprisonment for life.
(3.) The unfolded background facts giving rise to these appeals as are discernible from the written report (Ext. Ka-2), Chik FIR (Ext. Ka-14) and deposition of fact witnesses during session trials are that the deceased Jagdish Prasad aged about 55 years, Tara Chand and Mukat Prasad (Agarwal) first informant as well as PW-2 are real brothers being sons of Ram Swaroop. The deceased Jagdish Prasad was the eldest and Mukat Prasad (Agarwal) first informant PW-2 was the youngest brother. The first informant Mukat Prasad (Agarwal) PW-2 was a clerk of Sri Uma Shanker Agarwal, Advocate in sales tax. PW-2 used to work in his office since 9:00 a. m. to 10:00 a. m. and thereafter from 1:00 p. m. to 3:00 p. m. PW-2 had also factory of plastic work etc. in Mohalla Garhaiya. The deceased Jagdish Prasad was also one of the partners in the said factory. The wife of the deceased Jagdish Prasad had left him about twenty years ago prior to the present incident. The deceased Jagdish Prasad used to remain in the said factory very often. Tara Chand used to reside at Bharat Gali. The co-accused Virendra Gupta resided at Patwa Gali which was adjacent to Mohalla Bharat Gali. The accused persons Girish Gupta and his nephew Virendra Gupta were resident of Patwa Gali which was adjacent to Mohalla Bharat Gali whereas the accused Ashok @ Chhuttoo and the first informant PW-2 used to reside at Bharat Gali. The accused Ashok @ Chhuttoo was brother-in-law (equal status) Saddhu of Tara Chand. Tara Chand had kept sister-in-law of the accused Ashok @ Chhuttoo after the death of his first wife and the accused Ashok @ Chhuttoo used to oppose the meeting of his sister-in-law with Tara Chand which led to the enmity between them. On 4.3.1981, nine days prior to the present incident, the accused Ashok @ Chhuttoo threatened Tara Chand with life regarding which Tara Chand sent a telegram to the Circle Officer, City. Besides this, the accused Ashok @ Chhuttoo was friend of the main accused Girish Gupta. ;