Imtiyaz Murtaza, J. - (1.) THIS criminal appeal has been filed against the judgment and order dated 27.10.2004 and 28.10.2004 passed by the Additional Sessions Judge/Fast Track Court -1, Faizabad in Session Trial No.321 of 1992 arising out of case crime no. 18 of 1992, P.S. Inayat Nagar, District Faizabad, whereby the appellants have been convicted under section 302/149 IPC and sentenced to undergo life imprisonment and fine of Rs. 5000/ - each and in default of payment of fine, six months further rigorous imprisonment. The appellants have further been convicted under section 148 IPC and sentenced to undergo one year rigorous imprisonment. Both the sentences were directed to run concurrently.
(2.) FILTERING out unnecessary details, the facts of the case are that according to the prosecution, First Information Report was lodged by Rajrani Upadhyay wife of deceased Jagdamba Prasad Upadhyay alleging therein that a litigation was going on between her husband Jagdamba Prasad Upadhyay and Bhola Prasad Upadhyay relating to landed property, due to which there was enmity between them. On 15.1.1992 at 7.30 A.M. her husband, after milking of the buffallo, was going to milk the other buffallo. The informant Rajrani, her daughter Anju and mother -in -law Smt. Sitapati wife of Bhulai were sitting there. Accused Bhola son of Devkali Upadhyay, Ashok Kumar son of Bhola Upadhyay, Triveni and Girja sons of Bhagauti Shukla, Omprakash son of Shanker Pandey and one unknown person whose name was not known to her, entered the house of the deceased The assailants, who were armed with katta, sword, bhujali, started abusing her husband and fired from country made pistol and also assaulted the deceased with sword and bhujali, resulting in his instantaneous death. The incident was witnessed by Rampal son of Ram Prakas, Ganga Prasad son of Rajitram, Raghuraj son of Gangaprasad, Sahabdin son of Chandrapal and some other villagers. On alarm being raised and seeing the villagers, one of the miscreants whose name was not known to the complainant, ran towards the eastern side of the village while the remaining assailants made good their escape towards the western side of the village. The unknown miscreant was chased by the villagers and was assaulted by them resulting into his death. The dead body of her husband was brought to the police station by the informant alongwith co -villagers on a cot. On the basis of her written application a report was lodged against the appellants under section 147,148,149 and 302 I.P.C. on 15.1.1992 at 10.15 a.m. The distance of police station from the place of incident is three miles. S.I. Surendra Nath Chaube had recorded the statements of Rajrani and witnesses Bhulai, Amarjeet, Doodhnath, Jadgamaba Parasad Pathak and Ram Milan and prepared the inquest reports of dead bodies of Jagdamba and one unknown miscreant which are marked as Ex. Ka 2 and 3. Their dead bodies were sent for postmortem examination. Autopsy report, recovery memo and site plan were also prepared. Initial investigation was done by Shri Chaube as Mr. Shafiq Ahmad I.O. was on leave from 14.1.1992 to 17.1.1992, therefore, on 18.1.1992 investigation was commenced by him. After investigation of the case, the Investigating Officer, Shafiq Ahmad submitted charge -sheet against the appellants under sections 147,148,149, 302 and 504 IPC. The case was committed to the court of sessions and sessions judge framed charges against the accused; namely; Ashok Kumar Upadhyay, Triveni, Girija and Omprakash under sections 148, 302 read with section 149 IPC. 307 read with section 149 IPC. One of the accused Bhola had died before framing of charge, therefore, he was not charged alongwith other accused appellants. The accused appellants denied the charge and claimed trial.
(3.) THE prosecution in order to prop up its case, examined in all four witnesses as P.W. 1 Rajrani Upadhyay wife of deceased Jagdamba Prasad, P.W. 2 Sitapati mother of deceased Jagdamba Prasad, P.W. 3 Dr. A.K.Shah, P.W. 4 S.O. Shafiq Ahmed. Mr. Vijay Prasad Srivastava was examined as Court Witness.;