Vishnu Sahai, J. - (1.) Through this appeal Ram Kumar, Ganga Ram and Visram challenge the judgment and order dated 25.2.1985, passed by VII Additional Sessions Judge, Hardoi, in Sessions Trial No. 306 of 1984, whereby they have been convicted and sentenced to undergo imprisonment for life for the offence punishable under section 302/34, IPC. It is pertinent to mention that during the pendency of appeal appellants Ram Kumar and Ganga Ram were reported to be dead. Consequently, a Division Bench, of this Court, of which one of us (Vishnu Sahai, J.) was a member, vide order dated 4.9.2003, directed the Chief Judicial Magistrate, Hardoi to submit a report to this Court, within four weeks. In compliance of our order, the Chief Judicial Magistrate, Hardoi submitted a report, dated 1.10.2003, a perusal of which shows that appellant Ram Kumar is dead and it could not be ascertained whether appellant Ganga Ram is dead or not? Hence, the appeal preferred by appellant Ram Kumar would abate in terms of section 394, Criminal Procedure Code
(2.) Shortly stated, the prosecution case runs as under - The informant Lala Ram P.W. 1 is the son of the deceased Digga Lal. At the time of the incident the informant, the deceased and appellants Ram Kumar and Visram were living in village Paintapur, within the limits of Police Station Pali, in District Hardoi. At the said time, Maikoo P.W. 2 was living in village Surjipur, which was situated within the limits of Police Station Behta Gokul, District Harddi~Appellants Ram Kumar and Visram were real-brothers and appellant Ganga Ram is their brother-in-law . There was enmity between appellants Ram Kumar and Visram on one hand and the informant and his father (the deceased Digga Lal) on the other. For the murder of Samley (the father of Ram Kumar and Visram) Digga Lal, Baboo Ram and Murli were prosecuted. On 13.2.1984, the said case was decided and the accused therein acquitted. The informant and his father Digga Lal had gone to attend the Court on 13.2.1984. After hearing the judgment, they proceeded towards their village Paintapur. On the night of 13.2.1984, they stayed in Surjipur, at the house of their relation Kornai. On the morning of 14.2.1984, at about 9.30 a.m., the informant and his father Digga Lal proceeded for their village Komal and Maikoo P.W. 2 who came to see them off accompanied them to some distance. At about 10.00 a.m., when the informant, Digga Lal, Maikoo and Komal had reached near the Government tube-well, situated at a distance of three furlongs south of village Surjipur, from arahar field appellant Ram Kumar armed with a gun and appellants Visram and Ganga Ram armed with the lathis emerged. They pulled Digga Lal inside the field. Thereafter, Visram and Ganga Ram assaulted him with lathies, as a consequence of which he fell down with his face on the ground. Then appellant Ram Kumar fired on Digga Lal and the shot struck him on the back of his head. Thereafter, the appellants ran away. As a consequence of the assault Digga Lal died on the spot.
(3.) The evidence of the informant Lal Ram P.W. 1 shows that after the appellants had run away, he scribed his F.I.R. (Ext. Ka-1) and handed it over to the Munshi at the Police Station Behta Gokul, but he did not register case on its basis and told him to delete the name of appellant Ganga Ram. His evidence shows that in the evening, when his brothers Babu Ram and Ghasi Ram came and threatened that they would take up the matter with the Superintendent of Police, then, at the behest of Daroga, the Munshi registered a case on the basis of the FIR. The evidence of Head Constable Bhagwati Singh P.W. 3 shows that on 14.2.1984, he was posted as Head Moharrir at Police Station Behta Gokul and the same day he registered a case, at 8.05 p.m., at the police station, on the basis of the FIR lodged by Lala Ram. It is pertinent to mention that on the basis of the F.I.R., a case under section 302, IPC was registered against the three appellants, who are named therein. It is significant to mention that a perusal of the chik-F.I.R. shows that the distance between the place of the incident and police station Behta Gokul was two miles.;