M. Chaudhary, J. - (1.) -Criminal Appeal No. 814 of 1981, Sarvajit Singh alias Sobhu v. State having arisen out of judgment and order passed in Sessions Trial No. 228 of 1979, State v. Sarvajit Singh alias Sobhu and Criminal Appeal No. 815 of 1981, Harihar Singh and another v. State from judgment and order passed in Sessions Trial No. 164 of 1979, State v. Harihar Singh and another both the sessions trials decided by common judgment dated 12th of March, 1981 by Sessions Judge Ghazipur latter being the leading case both the appeals have been heard together and are being disposed of by common judgment.
(2.) IN Sessions Trial No. 164 of 1979, State v. Harihar Singh and another accused Harihar Singh and Sheo Shankar Singh and in Sessions Trial No. 228 of 1979, State v. Sarvajit Singh alias Sobhu accused Sarvajit Singh faced trial for the offence punishable under Section 302 read with Section 34, I.P.C. and accused Sheo Shankar Singh and Sarvajit Singh also under Section 379, I.P.C. and all of them were held guilty of the charge levelled against them and convicted accordingly and each of them sentenced to undergo imprisonment for life under Section 302 read with Section 34, I.P.C. and accused Sheo Shankar Singh and Sarvajit Singh to undergo rigorous imprisonment for two years under Section 379, I.P.C. Since accused Harihar Singh has been reported having died his appeal stood abated vide order dated 11th of February, 2002. Prosecution case in nutshell is that at about 3.30 p.m. on 13th of June, 1979 Rakesh Kumar was going on his Motor Cycle No. U.T.H. 1287 from his house to Badhwa Chau Muhani on kachcha road by the side of the godown of Irrigation Department and his father Lorick was sitting on the pillion seat and as they reached near the hovel of Vinod, Ranjit Singh along with his father Harihar Singh, brother Sarvajit Singh alias Sobhu and cousin Sheo Shankar Singh emerged from the hovel and pounced for making the motorcycle stop by catching hold of its carrier but Rakesh Kumar tried to drive fast. Then Harihar Singh exhorted his associates to kill and immediately Ranjit Singh fired a shot hitting Lorick at his back and receiving the injury Lorick jumped from the motor cycle and ran shouting for his life. As Lorick jumped from the motor cycle Rakesh Kumar lost the balance and fell down with the motor cycle receiving injury at his left leg. Then Ranjit Singh armed with revolver and the remaining three with country made pistols chasing Lorick fired at him with their respective weapons and receiving the injuries he fell down a few paces ahead. Then Ranjit Singh again fired at Lorick and he succumbed to the fatal injuries sustained by him instantaneously. Immediately Ranjit Singh along with his brother Sarvajit Singh and cousin Sheo Shankar ran away on the motorcycle of Rakesh Kumar lying there, and Harihar Singh fled away. On hearing the hue and cry, Ramjit and Shyam Raj uncles of Rakesh Kumar and one Sheo Narain and some others reached the scene of occurrence and witnessed the incident.
(3.) IMMEDIATELY Rakesh Kumar, son of the deceased lodged an F.I.R. of the said occurrence at police station Ghazipur Kotwali situate at a distance of about one mile from the place of occurrence at 4.00 p.m. the same evening (Ext. Ka-1). The police registered a crime and made entry regarding registration of the crime in the general diary (Exts. Ka-12 and Ka-13). S.I. Kamta Nath Ojha to whom investigation of the crime was entrusted went to the place of occurrence and drew inquest proceedings on the dead body of Lorick. He prepared the inquest report (Ext. Ka-14) and other necessary papers (Exts. Ka-15 to Ka-17), and handed over the dead body in a sealed cover along with the necessary papers to constable Ram Bilas and another to be taken for its post-mortem. The Investigating Officer inspected the site and prepared its site plan map (Ext. Ka-19). He also recorded statements of the witnesses and did other necessary things.;