VISHNU SAHAI, J. - (1.) THROUGH this appeal Prahlad Singh, Chhotey Singh and Smt. Shivpati challenge the judgment and order dated 21.10.1980 passed by the IIIrd Additional District and Sessions Judge, Sitapur in Sessions' Trial No. 309 of 1980 and 507 of 1980, whereby they have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302/149, I.P.C. In addition, Prahlad Singh and Chhotey Singh have been convicted and sentenced to undergo one year's R.I. for the offence punishable under Section 148, I.P.C. and Smt. Shivpati to six months' R.I. for that punishable under Section 147, I.P.C.
(2.) THE sentences of the appellants were directed to run concurrently. Shortly stated, the prosecution case runs as under : The informant Bhagwant Singh, P.W. 1 was the real brother of the deceased Chotkannu Singh. At the time of the incident, the informant, the deceased and the three appellants, namely, Prahlad Singh, Chhotey Singh and Smt. Shivpati were living in village Bahubana, within the limits of police station Pisawan, district Sitapur. There was enmity between Prahlad Singh and Chhotey Singh and their brother Barkanney Singh on one hand and the deceased on the other. Four -five days prior to the incident appellant Chhotey Singh was taken away by the police of police station, Maigalganj, which released him one to two days later. Chhotey Singh and his brothers felt that deceased Chhotkannu Singh was behind this. 3.1. On the date of incident, i.e., on 10.4.1978, at about 6.00 a.m., the deceased Chhotakannu Singh, after giving fodder to his bullocks, was sitting beneath a Neem tree on the door of his house and was warming himself. The informant Bhagwant Singh, his sister -in -law and Chhotakannu Singh's son -in -law Baijnath Singh, P.W. 2 were inside the house. At that time, the informant heard cries of Chhotakannu Singh. Thereupon he, his sister -in -law and Baijnath Singh came out and saw Prahlad Singh and Barkanney Singh (he absconded after the incident and could not be arrested) armed with guns ; Chhotey Singh and Lakshman (he absconded after the incident and could not be arrested) armed with a pistol. They told Chhotakannu Singh that he was the informer of the police and was furnishing information and they will kill him. On that, Chhotakannu Singh raised cries, hearing which, Nirmal, P.W. 3, a resident of Maharaj Nagar, also came on the place of the incident. In the meantime Smt. Shivpati, mother of Prahlad Singh, Chhotey Singh and Barkannu Singh, also reached there. She shouted, 'Ab kya dekhte ho. Inko jan se mar do. Aisa mauka phir se nahin milega' (What are you waiting for, kill him, such a chance you will not get). Thereupon Prahlad Singh, Chhotey Singh and Barkannu Singh fired on Chhotakannu Singh, who fell down as a consequence thereof and died instantaneously. Thereafter the appellants and others dragged the corpse of Chhotakannu Singh and took it towards pond, situated in the eastern direction. After leaving it there, the appellants and others ran away. 3.2. Thereafter the informant Bhagwant Singh got the F.I.R. scribed by Baijnath Singh, P.W. 2 and along with it and one empty cartridge proceeded about 6.30 a.m. to police station Pisawan, which he reached at about 9 a.m. and where he lodged his F.I.R.
(3.) THE evidence of Head Constable Ram Shankar Yadav, P.W. 5 shows that on 10.4.1978, the informant Bhagwant Singh came to police station Pisawan and lodged his written F.I.R., on the basis of which he prepared the chik F.I.R. Ext. Ka -3 and registered a case vide General Diary entry Ext. Ka -4 at 9.15 a.m.;