G.D.Dube, J. - (1.) This appeal has been preferred against the judgment and order of Session Judge Shahjahanpur convicting and sentencing each of the appellants to suffer imprisonment for life under section 302 read with section 34 of I.P.C.
(2.) The case of the prosecution was that in respect of murder of Bhagwan Singh a case was proceeding against Badshah Singh Hakim Singh, Babu Singh and the reporter Ram Bahadur Singh. Hakim Singh was the main Karta of the family and was doing Pairvi in the case. On account of this activity of Hakim Singh family members of Bhagwan Singh were on inimical terms. It has been alleged that at about 12 noon on 16.1.1977 Ram Bahadur Singh, Hakim Singh and Ved Pal Singh started for their home after peeling sugarcane from a field situated towards south of their village Charkhaula, P.S. Khudaganj District Shahjahanpur. When they reached near gram field of Indrapal Singh accused Rajendra Singh armed with a double barrel gun Neksu Singh armed with a single barrel gun and Dhirpal Singh armed with a pistol came out from the grove of Harinath Singh. Rajendra Singh opened fire towards Hakim Singh. Hakim singh fell down after receiving gun shot injury. The other witnesses raised alarm, Dalganjan Singh and Kanchan Singh arrived at the spot and challenged the assailants. Meanwhile Rajendra Singh, Neksu Singh and Dhir Pal Singh again opened fire from their firearms towards Hakim singh. After killing Hakim Singh the three assailants ran away.
(3.) Ram Bahadur Singh scribed the report Ext. ka 3 and went to the police station. He lodged the report at 1.30 p.m. same day.;