Vishnu Sahai, J. - (1.) Through this appeal Lajja Ram, Pramod Kumar, Virendra Singh, Shiv Prakash Singh, Narendra Singh, Bechey Lal, Khansu, Rampal and Lalji challenge the judgment and order dated 2.11.1982, passed by II Additional District &;Sessions' Judge, Sitapur, in Sessions' Trial No. 71 of 1982, whereby they have been convicted and sentenced to undergo imprisonment for life for the offence punishable under section 302/149 IPC. In addition Lajja Ram, Pramod Kumar, Virendra Singh and Bechey Lal have been convicted and sentenced to undergo one years' R.I. for the offence punishable under section 148 I.P.C. and Narendra Singh, Shi s Prakash Singh, Lalji, Rampal and Khansrp to six months' R.I. for the offence punishi able under section 147 IPC. The sentences of the appellants have been directed to run concurrently. During the pendency of the appeal, appellants Lajja Ram, Bechey Lal, Khansu, Rampal and Lalji were reported to be dead. Consequently a report was called from the Chief Judicial Magistrate, Sitapur, who has reported that the said appellants are dead. In view of their death, the appeal preferred by them would abate, in terms, of section 394 Cr.P.C.
(2.) Shortly stated, the prosecution case runs as under: The informant Ashok Kumar PW-1 is the son of deceased Krishnadhar and the brother of Ashish Kumar PW-5. At the time of the incident, the informant, the deceased, Ashish Kumar, Karuna Shankar PW-3 and appellant Lajja Ram, Pramod Kumar, Virendra Singh, Shiv Prakash Singh and Narendra Singh, Bechey Lal, Khansu and Rampal were residing in village Kalli within the limits of Police Station Misrikh, district Sitapur. At the said time, appellant Lalji was residing in village Kashipur, which was also situated within the limits of Police Station Misrikh, District Sitapur and Shiv Kumar PW-6 in village Raghunathpur, which was situated within the limits of Police Station Machereta in district Sitapur. One Baijnath had two sons, namely, Lalji (appellant) and Ganga Ram. Appellant Pramod Kumar is the son of Ganga Ram. Appellant Lalji is the brother-in-law of appellant Lajja Ram. Appellants Narendra Singh and Shiv Prakash Singh are the sons of one Ausan Singh. Appellant Virendra Singh belongs to the family of appellant Shiv Prakash Singh. All the appellants are associates of one another. On 7.1.1981, Smt. Rajeshwari PW-11 (wife of the deceased Krishnadhar) had given an application to ...[VERNACULAR TEXT OMITTED]...(Chief Officer, Zila Parishad), wherein an allegation of cutting Seesam trees, belonging to the Government, was levelled against appellants Lajja Ram, Bechey Lal and Lalji. That application was scribed by her husband Krishnadhar (deceased). A copy of it (Ext. Ka-7) has been filed by the prosecution. On 24.2.1981, Smt. Rajeshwari had given another application to the aforesaid officer against appellant Laiji, which was also scribed by her husband Krishnadhar (deceased). A copy of the said application has been filed as Ext. Ka 8. On account of the said applications, the appellants nursed ill-will against the deceased Krishnadhar. On 14.8.1981, sometimes in the morning, the deceased on his eycle, on the carrier of which was sitting his son Ashish Kumar PW-5, had gone to meet Lal Bahadur Singh PW-8, the principal of M.C. Inter College, Misrikh because Ashish Kumar had failed in Class-IX and he wanted him to be promoted. At about 10.30 A.M., they met Lal Bahadur Singh. He promised to promote Asliish Kumar Singh to class-X on the condition that he would study in another college. Thereafter, the deceased and Ashish Kumar went to the house of brother-in-law of the former latter, which was situated at a distance of half a furlong from M.C. Inter College. They spent about one and a half hours there. Then the deceased and Ashish Kumar met the Vaidya of the former. Thereafter, .they had tea. Then, they proceeded for their house. On the way, the deceased answered the call of nature. At about 3.30 P.M., when the deceased and Ashish Kumar had reached the foot-path in front of the shop of appellant Lajja Ram in village Kalli, the nine appellants, namely, Lajja Ram, Pramod Kumar, Virendra Singh, Shiv Prakash Singh, Narendra Singh, Bechey Lal, Khansu, Rampal and Laiji surrounded them. Appellant Lajja Ram was armed with a pistol; appellant Pramod Kumar with a knife; appellant Virendra Singh with a Khurpa; appellant Bechey Lal with Karauli; appellants Khansu and Rampal with a lathi; and the remaining three appellants i.e. Shiv Prakash Singh, Narendra Singh and Laiji were empty handed. Appellant Pramod Kumar instigated that the deceased be killed. At that time both the deceased Krishnadhar and Ashish Kumar were on eycle. Hearing this, Ashish Kumar got down from the eycle; ran and stood at a distance of 10.15 paces (30 feet). Appellant Narendra Singh took the gun, which was hanging on the shoulder of Krishnadhar. Thereafter, appellant Lajja Ram fired on Krishna Dhar. As a consequence thereof, he fell down from the eycle. Then, appellant Shiv Prakash Singh caught hold of the hands of Krishnadhar; appellant Lalji ought hold of his legs; and appellant Pramod Kumar with a knife, appellant Bechey Lal with a Karauli and appellant Virendra Singh with a Khurpa assaulted Krishnadhar. At that time, appellants Rampal and Khansu were saying that if anyone came near, then God save him. As a consequence of the assault, Krishndhar died on the spot. Thereafter, the appellants dragged the corpse of Krishnadhar and threw it in a pond, which was situated at a distance of 30-35 paces (75 feet) from the place of the incident. Apart from Ashish Kumar, this incident was seen by Karuna Shankar PW-3, Shiv Kumar PW-6, Uma Kant, Bhagwati Prasad, Kailash and others. Information about the incident was conveyed to Ashok Kumar in village Kalli, who thereafter came on a eycle to the place of the incident, where his brother Ashish Kumar narrated to him the incident. On the information furnished by him, he scribed the FIR. Thereafter, he proceeded on a eycle to police station Misrikh, where he lodged his FIR
(3.) The evidence of Head Moharrir Ram Sarna Shukla PW-10 shows that on 14.8.1981, at about 4.45 P.M., Ashok Kumar lodged the written FIR at police station Misrikh, on the basis of which he prepared the chik FIR. (Ext. Ka-4). It is pertinent to mention that a perusal of the chik FIR shows that the distance between the place of the incident and police station Misrikh was eight kilo meters. It is relevant to point out that in the FIR, the nine appellants are nominated and on the basis of the FIR a case under sections 147/148/379/302/149 I.P.C. was registered against them.;