ASHWANI KUMAR SINGH, J. - (1.) CRIMINAL Appeal No.599 of 2008 has been preferred by Ayub; Criminal Appeal No.619 of 2008 has been preferred by Mukhtar and Crl. Appeal No.824 of 2008 has been preferred jointly by Shaukat Ali and Kallu @ Mansur Ali. Through these connected appeals, the appellants have challenged the judgment and order dated 21.2.2008 passed by Additional Sessions Judge/Special Judge, E.C.Act, Pratapgarh in Sessions Trial no.193/06, whereby all the four appellants have been convicted and sentenced under section 302 read with section 34 I.P.C. to undergo rigorous imprisonment for life and to pay fine of Rs.5000/-each in default to undergo simple imprisonment for six months and under section 307 I.P.C. read with section 34 I.P.C. to undergo seven years' rigorous imprisonment and to pay fine of Rs.2000/- each in default to undergo simple imprisonment for three months. The sentences of the aforesaid four persons were directed to run concurrently.
(2.) SINCE all the above three appeals arise out of common factual matrix and impugned judgment and order, we heard them together and they are being disposed of by this common judgment and order. Shortly stated, the prosecution case runs as under :- On 8.4.2005, complainant Abdul Lateef was thrashing wheats and thereafter he along with his wife sat at the door; at about 1.00 a.m. in the night, Ayub son of Mojjam Ali, Mukhtar son of Mojjam Ali, Shaukat Ali son of Mojjam Ali and Kallu @ Mansur Ali son of Shaukat Ali, all resident of Village Patulki, police station Jethwara, District Pratapgarh and two unknown whom he could not recognize, in furtherance of common intention, armed with licensed gun and 'Katta' came and fired at complainant and his wife; complainant received injury on his back and his wife received injury on the right side of hip; on hearing the sound of fire, the villagers were attracted. The first information report was lodged on 9.4.2005 vide case crime no.87 of 2005 under sections 147,324,323 I.P.C. at police station Jethwara, district Pratapgarh. The F.I.R. was lodged at 5.45 a.m. The investigation was conducted by Station Officer, police station Jethwara, Shiv Bachan Singh; during investigation, the case was converted under section 308 I.P.C.; injured Raheemul Nisha succumbed to her injuries on 10.4.2005 at Swarup Rani Hospital, Allahabad; inquest was conducted on 11.4.2005 and on the same day the autopsy on the corpse was also conducted at 4.00 p.m.; thereafter again the case was converted under sections 308/302 I.P.C. on 12.4.2005 vide 'Parcha' no.2. After completion of the investigation, the charge sheet was submitted against the appellants.
(3.) THE case was committed to the Court of Sessions in the usual manner, where the appellants were charged under sections 148, 302 read with 149 and 307 read with 149 I.P.C. They pleaded not guilty to the charges and claimed to be tried. Their defence was of denial. No witness was produced in defence. During trial, in all, prosecution examined seven witnesses; three of them, namely, Abdul Lateef, Saquib Ali and Abid Ali(P.Ws. 1,2 and 3 respectively) were examined as eye witnesses. The prosecution declared Saquib Ali (P.W.2) as hostile witnesses. The trial Judge rightly recorded the finding that this witness was not reliable. He, however, believed the testimony of Abdul Lateef(P.W.1) and also of Abid Ali (P.W.3), though this witness was also declared hostile, and on its basis convicted and sentenced the appellants in the manner stated above. Hence, this appeal. After hearing Sri Nagendra Mohan, learned counsel appearing for the appellants and Sri Jyotinjay Verma, learned Additional Public Prosecutor and going through the depositions of the prosecution witnesses; the material exhibits tendered and proved by the prosecution; the statements of the appellants recorded under section 313 Cr.P.C.; and the impugned judgment, we are implicitly satisfied that this appeal deserves to be allowed inasmuch as the appellants deserve the benefit of doubt.;