VISHNU SAHAI, J. - (1.) THROUGH this appeal Islam, Shafi alias Nadey, Jamil and Baur challenge the judgment and order dated 22-10-1981 passed by Sessions Judge, Bahraich in Sessions Trial No. 95 of 1981, whereby they have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Sections 302/34 IPC.
(2.) SHORTLY stated the prosecution case runs as under : The informant Kareem alias Bhallo PW-1, his father the deceased Idu, his uncle Shakoor PW-2 and the four appellants, at the time of the incident, were residing in village Pandit Purwa hamlet of Chichri within the limits of police station, Ikauna District Bahraich. At the said time Mumtaz PW-3 was residing in village Dafalipurwa, which was also a hamlet of Chichri. About six months prior to the incident, the appellants and impounded two mares of the informant in Ikauna cattle Pond. The informant had paid Rs. 30/-and got them released there from. Ten days prior to the incident Usman Beg, the brother of the appellant Islam had filed a case under Section 324 IPC against him (the informant) and the deceased. The said case was pending at the time of the incident. On account of the aforesaid enmity Idu is alleged to have been murdered. On 8-1-1981, the informant and his father Idu had gone to Ikauna market to get diesel oil. They did not get the same and their card was deposited at Ikauna. At about 5.00 p.m. on the said date, while they were returning to their village and had reached near the north of the field of Prem Nath Khosla, appellants Islam, Shafi, Jameel and Baur, who were interrelated, came in front of them. Appellants Islam and Shafi were armed with ballams, Jameel with a gandasa and baur with a lathi. Seeing the deceased and the informant, appellant Islam shouted that they be killed and thereafter all the appellants be laboured Idu with their respective weapons. On the cries of the informant, Shakoor PW-2, Mumtaz PW-3, Shamsher and Shyam Lal came. They also saw the appellants assaulting Idu. As a consequence of the assault Idu fell down and became unconscious. When the witnesses reprimanded the appellants, they ran away to the southern side in Arhar field. Thereafter, the informant went near his father and found that he was precariously injured and unconscious. Then the informant leaving his father Idu under the care of his uncle Shakoor and others went to the village and from there brought a bullock cart, on which he alongwith his father, his uncle Shakoor and others proceeded to police station Ikauna. On the way the informant met Rashid. He got the FIR of the incident scribed by him and thereafter lodged the same at police station Ikauna. The evidence of Rama Kant PW-7 shows thus : On 8-1-1981 he was posted as Constable Moharrir at police station, Ikauna. On the said date at 9.15 p.m. he registered the case on the basis of the written FIR lodged by Kareem Bux alias Bhaloo vide G.D. entry Ext. Ka-15. Since Idu was precariously injured, he sent him for medical examination.
(3.) THE evidence of the informant Kareem Bux alias Bhaloo shows that he accompanied his father to Primary Health Centre, Ikauna.;