G.D. Dube, J. - (1.) These two appeals arise out of the same judgment and order of second Additional District and Sessions Judge, Varanasi, in Sessions Trial No. 259 of 1977 State v. Chhedi Yadav and two others . The learned Additional Sessions Judge had tried Prabhu Yadav, Chhedi Yadav and Nakchhed Yadav for the offence punishable under Section 302 read with Section 34, I.P.C. He had found appellant Prabhu Yadav guilty of the offence under Section 302, I.P.C. and sentenced him to undergo life imprisonment. Aggrieved by this order, Criminal Appeal No. 414 of 1979, Prabhu Yadav v. State of U.P. has been preferred. The learned Sessions Judge had acquitted Chhedi Yadav and Nakchhed Yadav. Against this acquittal, the State has preferred Government Appeal No. 1431 of 1979 State of U.P. v. Chhedi Yadav and another consequently the aforesaid two appeals are being disposed of by this common judgment.
(2.) The case of the prosecution was that at, about 9.00 a.m. Raja Ram Yadav, uncle of Ramjeet Yadav (P.W. 1) was going with the food of ploughman who were ploughing his field. When he reached the Peepal tree towards north of village Chhitune, Police Station Chaubepur, district Varanasi, Prabhu Yadav, Chhedi Yadav and Nakchhed emerged from a nearby Maize field. Nakchhed Yadav and Prabu Yadav were armed with country made pistol. On the exhortation of Chhedi Yadav, the two accused armed with country made pistol opened fire on Raja Ram. Raja Ram fell down on the ground after receiving gun-shot injuries. The occurrence was seen by Lallu Yadav, Ram Kishun Yadav, Timal Yadav and Raghunath Yadav.
(3.) The report of the occurrence was lodged by Ramjeet Yadav at 11.30 a.m. the same day at Police Station Chaubepur. The investigation was taken up by Ugrasen Pal Singh (P.W. 9). He proceeded to the place of occurrence along with Shanker Prasad Tripathi (P.W. 7). On the instructions of Suddhu Singh (P.W. 8), Shanker Prasad Tripathi (P.W. 7) conducted the inquest proceedings and sent the dead body in a sealed cover to the mortuary for post-mortem Dr. Nar Singh Sharma (P.W. 4) had conducted the post mortem. Dr. Nar Singh Sharma (P.W.4) had conducted the post mortem examination at 3.00 p.m. on 22.8.77. He had found two gun shot injuries of entrance and four gun shot wounds of exit on the head region. Injury No. 3 communicated with injuries 1 and 2. Injury No. 4 communicated with injuries 5 and 6. These injuries were the cause of death. After completing the investigation, charge sheet was submitted against the three accused persons.;