Rakesh Tiwari, J. - (1.) These criminal appeals have been filed against the judgment and order dated 31.03.2002 passed by Additional Sessions Judge, Fast Track Court No.2, Allahabad in S.T. No. 398 of 1988, State v. Ali Sardar and others , convicting and sentencing the appellants under section 302/34 Indian Penal Code to undergo life imprisonment with fine of Rs. 2,000/- and under section 307/34 Indian Penal Code to undergo five years R.I. with fine of Rs. 1,000/-. It is further provided that in default of payment of fine appellants to undergo three months of R.I.
(2.) Heard Ms. Amrita Rai, Amicus Curiae for the appellants and Sri Murlidhar Mishra and Aakash Mishra for the complainant and Sri R. A. Mishra, learned AGA for the State.
(3.) The facts relevant for disposal of the appeals are that accused persons Ali Sher s/o Sirajuddin, Mustafa s/o Ali Sher, Sagir @ Adalat Ali s/o Mustafa and Latif @ Munna s/o Mustafa on 20.05.1988 came with lethal weapons at the house of the complainant Mohd. Arif @ Jedhu s/o Azizuddin, r/o village Chandravat, P.S. Mauaima at about 4.00 P.M. where he along with his brother Kudrat Ali and nephew Sharif were sitting. Ali Sher was having a Lathi, Mustafa was armed with double barrel gun, Sagir @ Adalat Ali and Latif @ Munna were armed with country made pistol (Tamancha). Due to earlier enmity with regard to landed property regarding which litigation was also in existence between them, on the exhortation of Sher Ali to kill them Mustafa and Latif started firing with country made pistol upon them with intention to kill. In the firing Mohd. Sharif s/o Kudrat died on the spot. The complainant and his brother Kudrat Ali were injured and on call for help by the complainant and the family members the assailants made their escape good towards south. The written report dated 20.05.1988 was accordingly submitted by the injured complainant to S.O. of P.S. Mauaima, District Allahabad which was 7 and a 1/2 kilometers from the place of incident. On the basis of written report, the case was registered in G.D. as case crime no. 77/88, under sections 302, 307 Indian Penal Code at P.S. Mauaima at 6.10 P.M. on 20.05.1988 itself against Alisher s/o Sirajuddin, Mustafa s/o Alisher, Sagir @ Adalat Ali s/o Musfata and Latif @ Munna s/o Mustafa, All the resident of Chandravat, P.S. Mauaima, District Allahabad for committing murder of Mohd. Sharif s/o Kudrat Ali and making life attempt on Kudarat Ali and Mohd. Arif.;