Vishnu Sahai, J. - (1.) Through this appeal, Sewak and Ragho Ram challenge the judgment and order dated 6.1.1981, passed by Mr. K.C. Agarwal, 1st Addl. Sessions Judge, Baharaich, in Sessions Trial No. 65 of 1980, whereby they have been convicted and sentenced to undergo imprisonment for life, for the offence punish- able under section 302/34 I.P.C.
(2.) Shortly stated, the prosecution case runs as under: The informant Badri Prasad PW-4 is the father of the deceased Prahlad. At the time of the incident, the informant, the deceased, Ram Surat PW-1, Parshu Ram P.W.2 and Sadhu Saran P.W 3 were living in village Gokulpur, within the limits of Police Station Nanpara, District Bahraich. There was enmity between the informant and the deceased on one side and the appellants on the other. In a dacoity, the deceased Prahlad had given a statement before Daroga, on the basis of which the appellants were challaned. Ghoorey and Bachhau, residents of Village Chandanpur, who had assaulted appellant Ragho Ram, used to visit the informant's house, resulting in the latter nursing a grudge against Prahlad. On 7.8.1979, the deceased Prahlad, alongwith Ram Surat PW 1, Parshu Ram PW 2 and Banshi (not examined) had gone to get wheat grinded in village Barhaiya. At about 6.30 P.M. while they were returning therefrom and had reached near the field of Misri, appellants Sewak and Ragho Ram came out from a grove situated nearby. They challenged Prahlad. He threw the gunny bag, in which he was carrying flour, inside the grove and ran inside Misri's field, where appellant Sewak inflicted a lathi blow and appellant Ragho Ram fired at him. He fell down as a result thereof. Thereafter appellant Ragho Ram fired a second shot on his ear lobe. He died as a result thereof. Then the appellants tied his legs with his lungi and dragged his corpse in the western direction. The incident was seen by Badri Prasad PW 4, Ram Surat PW 1. Parshu Ram PW 2, Sadhu Saran PW 3 and Banshi (not examined). They chased the appellants but could not apprehend them. During night, the informant Badri Prasad did not go to lodge the F.I.R. Next morning, he got the F.I.R. scribed by Virsen Chaudhary and proceeded alongwith him to police station Nanpara (District Bahraich), where he lodged the same.
(3.) The evidence of Head Constable Raghav Ram Tiwari PW-7 shows that on 8.8.1979, at 2.00 P.M., the F.I.R. of the incident was lodged by Badri Prasad, on the basis of which he registered a case in General Diary vide Exhibit Ka-4.;