M.Wahajuddin, J. - (1.) ACCUSED persons Bankey Lal, Hakim alias Gaya Prasad, Arjun, Sri Kishan, Lalman, Desh Raj and Brindaban have all been convicted by the then II Additional Sessions Judge, Farrukhabad, under Section 302/149, IPC and have been awarded life imprisonment each. The first four aforesaid accused persons have been further convicted under Section 148, IPC and awarded three years' R. I. each, while the remaining three accused persons have been further convicted under Section 147, IPC and awarded one year's R.I. each. All the sentences have been made concurrent. Lalman, Brindaban and Desh Raj have preferred Criminal Appeal No. 2217 of 1976, and the remaining four accused persons have preferred Criminal Appeal No. 2320 of 1976, directed against their convictions and sentences awarded to them. Appellant Sri Kishan died during the pendency of his appeal and his appeal has abated.
(2.) THE victim Shanker Lal is the brother of Jagannath (PW 1) the maker of the report. All the accused persons belong to village Alidadpur, Police Station Mohammadabad, district Farrukhabad. Jagannath (PW 1), Jhamman Lal (PW 2), Raja Ram (PW 8) and the victim also belong to that very village. Raghunath (PW 4) is a resident of Beergaon in :he same Police Station. The prosecution case in brief is that on 30-8-75 Shanker Lal deceased furnished information to the police concerning theft of Transformer wire by the aforesaid accused persons, other than Desh Raj, as well as involving one Mohan and the police carried a raid ; and while it succeeded in recovering the stolen wire from the field of Lalman accused at the instance of Shanker Lal, the culprits managed to escape. According to the prosecution, the accused persons got inimical towards Shanker Lal on account of the same. It is alleged that in the early morning of 1-9-1975 Shanker Lal had gone to Nagla Baburi for realising his dues and was returning back from there to his village and on way at about 7 A. M. he was accosted by the seven accused persons in the north-west corner of the field of Ram Swarup .Jatav, situate at the outskirts of village Alidadpur, and was dragged inside thai field. The victim raised alarm, which attracted the witnesses. Lalman, Desh Raj and Brindaban caught hold of the victim, while the remaining three accused persons other than Sri Kishan inflicted knife injuries upon the victim with the intention to kill him. It is, further, alleged that the culprits deputed) on being challenged by the witnesses and while running away Sri Kishan accused fired a pistol shot, which hit Shanker Lal. It is alleged that Sri Kishan further put off his blood-stained Paijama and threw there. Shanker Lal died at the spot. Jagannath got his report scribed by Jai Singh (PW 6) and proceeded to Police Station Mohammadabad, the distance being 5 miles, and lodged it there. Radhey Shyam Pathak (PW 5), the then Head Moharrir of Police Station Mohammadabad, prepared the Check (Ext. ka. 2) in pursuance of the written report (Ext. Ka. 1) and registered a case in the General Diary vide G. D. entry (Ext. ka. 3), Narain Prasad (PW 9), the then Sub-Inspector, II, in absence of the Station Officer, Police Station Mohammadabad, conducted the investigation. He proceeded to the place of the incident on the same day and found the dead body of Shanker Lal in the Jwar Bajra field of Ram Swarup, as shown in site plan (Ext. ka. 12). He held the inquest on the dead body and prepared the relevant papers and the dead body was despatched to the mortuary duly sealed, through Constable Wasih Uddin (PW 3) and another Constable. He interrogated the witnesses of the inquest and the prosecution witnesses Jagannath, Jhamman Lal, Raja Ram and one Ram Das. He also prepared site plan after spot inspection. He found 7 shots and two wads at the spot, which were taken into custody and sealed vide memo Ext. Ka.-13. He also took blood stained and ordinary earth from the spot and sealed it vide memo Ext. Ka. 14. According to him one blood-stained Paijama was also found there and was sealed at the spot. He retimed, back to the Police Station on the same day and deposited the case property there. The accused persons could not be found inspite of search. On 9-9-75 he interrogated Raghunath (PW 4). The search of the accused persons continued. Information was received on 19-9-1975 that Sri Kishan is in jail and he interrogated him there. The remaining six accused persons were interrogated on 25-9-1975. After completing the investigation, he submitted a charge-sheet (Ext. Ka. 16) on 26-9-1975,
(3.) ALL the accused persons pleaded not guilty and maintained to have been falsely implicated due to enmity. The prosecution in all examined 9 witnesses in this case. Wasi Uddin, Radhey Shyam Pathak and Jai Singh are formal witnesses and we have already made a mention of them. Narain Prasad (PW 9) is the Investigating Officer. Dr. K. S. Misra (PW 7) has given medical evidence and the remaining four witnesses, namely, Jagannath (PW 1) Jhamman Lal (PW 2), Raghunath (PW 4) and Raja Ram (PW 8) have been examined as eye witnesses.;