Vishnu Sahai, J. - (1.) THROUGH this appeal, Ram Samujh, Sukh Ram, Ram Tirath and Shanker challenge the judgment and order dated 24.9.1983, passed by Ist Additional Sessions Judge, Barabanki, in Sessions Trial No. 438 of 1981, whereby they have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302/34, I.P.C.
(2.) SHORTLY stated, the prosecution case runs as under: The informant Kali Bux Singh, P.W. 2 is the real brother of the deceased Chandra Shekhar Singh. At the time of the incident, the informant, the deceased, Bhagwati P.W. 1, Jaswant Singh P.W. 3 and the Appellants Ram Samujh, Sukh Ram, Ram Tirath and Shankar were living in village Bahreladih, within the limits of police station Ram Sanehi Ghat, district Barabanki. 2.1. Appellants Ram Samujh and Sukh Ram are real brothers, being the sons of Deodat. Appellant Ram Tirath is the son of Sukh Ram and Appellant Shanker is the son of Ram Samujh. 2.2. There was enmity between the Appellants on one hand and the deceased Chandra Shekhar Singh on the other. Before the incident, a case under Section 307, I.P.C. was registered against Appellant Ram Samujh, which was pending at the time of incident. At that time, proceedings under Section 107, Cr. P.C. and a civil litigation were also pending between the parties. Hence, Ram Samujh and his family members bore animus against the deceased Chandra Shekhar Singh. 2.3. On 9.6.1981, at about 7.00 p.m. the deceased Chandra Shekhar Singh, along with Bhagwati P.W. 1 was going to answer the call of nature. The informant was also following them, as he had to make some purchases from Sanehi Teli's shop. As soon as, Chandra Shekhar Singh reached the door of Appellant Ram Samujh, he came out with a lathi from beneath the chappar and inflicted a lathi blow on Chandra Shekhar Singh and said that he should be killed. Thereupon, Appellants Sukh Ram, Ram Tirath and Shankar came. Appellant Sukh Ram hurled hand -grenade on Chandra Shekhar Singh, who fell down. Thereafter, Shankar with a gandasa and Ram Tirath with a banka assaulted him. As a consequence of the assault Chandra Shekhar Singh died on spot. When Bhagwati tried to save Chandra Shekhar Singh, he was assaulted by Appellant Ram Samujh with a lathi and by Shankar with a gandasa. 2.4. Apart from the informant and Bhagwati, this incident was also seen by Jaswant Singh P.W. 3 and some others. 2.5. After murdering the deceased, the Appellants ran away. 2.6. Thereafter, the informant got the F.I.R. scribed at his door by his nephew Virendra, who after scribing it read it out to him and he thereafter, affixed his signatures. Thereafter, along with the said F.I.R., the informant proceeded to police station Ram Sanehi Ghat, district Barabanki, where he lodged it. The evidence of head constable Awadesh Kumar Ojha P.W. 7 shows that on 9.6.1981, at 10.15 p.m., the informant Kali Bux Singh came to police station Ram Sanehi Ghat (where he was posted) and filed his written F.I.R. on the basis of which he registered a case under Section 302/323, I.P.C. vide Ext. Ka -15. His evidence shows that at the time of lodging the F.I.R., S.O. Prahlad Yadav was present at the said police station.
(3.) THE evidence of S.O. Prahlad Yadav P.W. 5 shows: On 9.6.1981, the F.I.R. was lodged in his presence by the informant Kali Bux Singh. He immediately took over the investigation and recorded the statements of the informant and the injured Bhagwati at the police station itself and thereafter left for the place of the incident. On 10.6.1981, he performed the inquest on the corpse of the deceased and thereafter sent it for autopsy. Thereafter, he recorded the statement of Jaswant Singh and inspected the place of the incident, where he found a blood -stained aungochha of the deceased and remnants of hand -grenade. He seized from the place of the incident plain and blood -stained earth in separate containers. The said recoveries were made under a recovery -memo. He did other investigation also, but since, in our view, reference to it is not necessary for the disposal of this appeal, we are not adverting to it. On 19.6.1981, he submitted the charge -sheet against the Appellants.;