Vishnu Sahai, J. - (1.) Two persons, namely, Bhagwan Deen and Kalloo were charged by the VIIth Additional Sessions Judge, Sitapur in Sessions Trial No. 232 of 1984 for offences punishable under sections 302/34, IPC and 394, IPC. Vice judgment and order dated 21.1.1987 the IVth Additional Sessions Judge Sitapur convicted and sentenced them to undergo imprisonment for life for the offence punishable under section 302/34 IPC. In addition, he convicted and sentenced Kalloo to undergo two years RI for the offence punishable under section 404, IPC. Aggrieved by their convictions and sentences Bhagwan Deen and Kalloo preferred in this Court Criminal Appeal No. 128 of 1987. They also preferred criminal appeals from jail. The appeal preferred by Bhagwan Deen therefrom is Criminal Appeal No. 198 of 1987 and that preferred by Kalloo therefrom is Criminal Appeal No. 320 of 1987. Since these three appeals arise out of a common factual matrix and impugned judgment we are disposing them off by one judgment.
(2.) Shortly stated, the prosecution case runs as under - The informant Sunita Saha P.W. 1 is the wife of the deceased Bhanu Pratap Singh. At the time of the incident, the informant and the deceased were living in Sidhauli within the limits of Police Station Sidhauli, District Sitapur. At the said time, appellant Bhagwan Deen was living in village Kashipur, which was also situated within the limits of Police Station Sidhauli, District Sitapur and Kalloo was residing in Sidhauli. There was enmity between the deceased Bhanu Pratap Singh and appellant Kalloo. On 26.3.1984 (three days before the incident) the deceased got a girl recovered from the house of appellant Kalloo. She had been kidnapped by his brother Collector. In this connection, Kalloo's mother was arrested by the Police. This irked Kalloo. Appellant Bhagwan Deen is a friend of Kalloo. On 29.3.1984 at about 5.45 p.m. the informant sitting on the pillion seat of a scooter, which was being driven by her husband Bhanu Pratap Singh (the de ceased), was proceeding for market. When she and Bhanu Pratap Singh had reached the tiraha of Tehsil road from the side s of school appellants Bhagwan Deen and Kalloo emerged. They asked Bhanu Pratap Singh to stop the scooter. He stopped it. Immediately thereafter Bhagwan Deen fired from a pistol on Bhanu Pratap Singh. He fell down on being struck by the shot. Thereafter Kalloo with a banka mercilessly assaulted Bhanu Pratap Singh. At that time, Bhagwan Deen was standing, brandishing his pistol. Hearing the cries of the informant, her servant Bahadur, Girija Bux Singh P.W. 2 and four to five others came. They also saw the incident. Thereafter, Kalloo took out Rs. 1100 and a watch from the pocket of pant of Bhanu Pratap Singh. Then Kalloo and Bhagwan Deen ran away threatening the informant and others. Thereafter, the informant went near her husband and found that he was dead. On the place of the incident she dictated the FIR to Girija Bux Singh, who after scribing it read it over to her. She then affixed her signatures on it and alongwith it proceeded to Police Station Sidhauli, District Sitapur, where she lodged the same.
(3.) The evidence of Head Moharrir Mirza Rahman Beg P.W. 4 shows that on 29.3.1984, at 6.35 p.m. the informant Sunita Saha lodged a written FIR (Exhibit Ka-1), on the basis of which he registered an offence punishable under sections 302 and 394, IPC vide Exhibit Ka-7 and prepared the chik FIR. A perusal of the chik FIR shows that the distance between the place of the incident and the Police Station Sidhauli was two furlongs. It is pertinent to mention that the appellants Bhagwan Deen and Kalloo are named in the FIR.;