U.S.TRIPATHI,J. - (1.) THIS appeal has been directed against the judgment and order dated 20 -4 -1981 passed by 1st Additional Sessions Judge, Banda in S.T. No. 88 of 1980 convicting the appellants under Sections 148, 302 read with Sections 149 and 201 read with 149 IPC and sentencing them to undergo R.I. for a period of one year under Section 148 IPC, imprisonment for life under Section 302 read with 149 IPC and R.I. for a period of three years under Section 201 read with 149 IPC. All the sentences were ordered to run concurrently.
(2.) THE prosecution story, briefly stated, was as under: All the appellants, Gajraj who died before trial, and Altaf deceased were residents of village Bhadehu, P.S. Baberu, District Banda. In the year 1974 Altaf deceased had caused injuries to Sidhua appellant who had lodged a report of dacoity against him (deceased). The police submitted final report in the said case, as it was not found correct. On account of it Sidhua was inimical with the deceased. On the morning of 3 -12 -1977 at about 8.30 a.m. Altaf deceased along with his son Sharif (P.W. 1) had gone to Panchpokhar Thok for collecting labourers to harvest his paddy crop. Bhaiya Lal Yadav (P.W. 2) had also gone there for the same purpose. The labourers, by that time, had gone to their respective work. Kishora (P.W. 3) met Altaf and he told that the labourers would return back home in the night and he would ask them to go his field next morning. Thereafter, Altaf deceased, his son Sharif (P.W. 1) and Bhaiya Lal (P.W. 2) were returning to their house. When they reached at Kutiya Wali grove, at about 8.30 a.m., the appellants Sidhua, Rajuwa alias Rajaram, Kunnu, Raja Bhaiya, Ram Sajeevan, Badri, Gajraj (since dead) and two unknown persons, all armed with guns emerged out from the grove and exhorted that Altaf be killed. Sidhua and Gajraj fired on Altaf by their respective guns. Sharif (P.W. 1) and Bhaiya Lal (P.W. 2) ran towards well and pulia respectively while Altaf deceased ran towards grove of Kahar. All the appellants and other accused surrounded Altaf deceased on the rasta behind Khandhar of Langra Chamar and killed him by causing fire arms injuries. Thereafter, they dragged dead -body of the deceased towards Ledaha talab. Sharif (P.W. 1) and Bhaiya Lal (P.W. 2) raised alarm and on hearing their shrieks and sound of fire Kishora (P.W. 3), R/o village Panchpokhra Thok came to the spot. Some other persons of the locality also reached there, but none could dare to proceed further on account of threats given by the appellants and other accused. Leaving the dead -body on northern corner of the tank the appellants and other accused ran away. Sharif (P.W. 1) came to his father and found him dead. He prepared report Ext. Ka -1 of the occurrence and lodged the same at police station Baberu at 10.30 a.m. on the same day. Chik report Ext. Ka -2 was prepared by Head Moharrir Siddheshwar Awasthi (P.W. 4), who made an endorsement the same at G.D. report (Ext. Ka -3) and registered a case under Sections 147, 148, 302 and 149 IPC against the appellants, Gajraj and two unknown persons.
(3.) THE investigation of the case was taken up by Sher Singh, I.O. (P.W. 6). He interrogated Sharif (P.W. 1) at the police station and thereafter went to the place of occurrence where dead -body was lying. He appointed punches and conducted inquest of dead - body of the deceased and prepared inquest report (Ext. Ka -4) and other relevant papers Ext. Ka -7 to 10. He inspected place of occurrence and prepared site plan Ext. Ka -12. He also took into possession blood stained clothes of the deceased, blood stained and simple earth from the spot and prepared recovery memos Ext. Ka -5 and Ka -6.;