RAKESH TIWARI, J. - (1.) HEARD Sri Girish Vishwakarma, learned counsel for the appellant, Sri R.A. Mishra, learned AGA for the State and perused the record.
(2.) THE appellants challenge the validity and correctness of the impugned judgment and order dated 12.3.2004 passed by the Additional Sessions Judge/ Special Judge (E.C.Act), Jalaun at Orai in S.T. No. 9 of 2003, State versus Raja Bhaiya and three others under Section 302 IPC and in S.T. No. 10 of 2003, State versus Raja Bhaiya under Section 25 Arms Act convicting and sentencing appellant Raja Bhaiya under Section 302 IPC to undergo life imprisonment, appellants Pradeep and Kalloo under Sections 302 and 302/34 IPC to undergo life imprisonment and appellant Ram Saran under Section 302/34 IPC to undergo life imprisonment and further sentencing the appellant Raja Bhaiya under Section 25 Arms Act to undergo imprisonment for a period of one year. All the sentences were ordered to run concurrently. Case of the prosecution before the trial Court was that the first informant Hulasi son of Sri Khachera Kushwaha resident of village Garha, Police Station Madhogarh, District Jalaun at Orai on 22.11.2002 was coming back at about 8.30 P.M. after relieving himself in the field from nature's call when he met Arman son of Sri Keshar Singh and Lalloo son of Sri Gopi Kachhi near the agricultural field of Ram Lakhan. As they moved towards the village, he saw his son Manphoole running towards bamboos clump in the field of Har Bhajan going near the 'Nala' shouting for help. He was being chased by accused Raja Bhaiya and Pradeep sons of Ram Saran Kachhi. On recognizing the voice of his son calling for help, the complainant along with Arman and Lalloo went towards him. When they reached near the bamboo cluster and pipal trees in the agricultural field of Mangli, they saw that Pradeep had pinned down his son and Raja Bhaiya fired two shots upon Manphoole one after another with a country made pistol (Tamancha). The complainant as well as the other two with him were instilled with fear and hid themselves behind the bamboos cluster and Pipal tree. They also saw Ram Saran son of Ram Dayal and Kalloo son of Ram Saran near a clump of bamboos holding a woman. Ram Saran gave a call to Pradeep and Raja Bhaiya to come soon and not to leave the woman alive as she had caused their insult in the village. On his call Raja Bhaiya and Pradeep went there. They along with Kalloo gave blows by lathis to her due to which she succumbed on the ground. Thereafter, on saying of Ram Saran to verify whether Manphoole was dead or not Kalloo and Pradeep went and verified that Manphoole was almost dead. Then all the four threw the body of Manphoole towards the 'Nala' on the bushes of 'Beshram' .
(3.) AFTER the accused had left, the complainant and the two witnesses along with him gathered courage. They went towards the place of occurrence and found Smt. Anita wife of Raja Bhaiya lying dead. After the villagers came on hearing their call body of Manphoole was also recovered from the bushes, who had succumbed to the fire-arm injuries. According to the complainant, they had recognized the assailants in the light of torches as well as in the moon light. The complainant thereafter leaving the dead bodies in the custody of the villagers submitted a written report at Police Station Madhogarh. FIR was lodged on 23.11.2002 at 00.15 hours and case crime no. 177 of 2002, under Section 302 IPC was registered on the basis of check report.;