N.N.Sharma, J. - (1.) BOTH these appeals are being disposed of by this common judgment as these arise out of the same order dated 21-10-1976 recorded by Sri S. K. Verma, learned II Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 298 of 1975. All the appellants, in both the appeals, were convicted under Section 302 read with Section 34 of Indian Penal Code ; each appellant was sentenced to imprisonment for life.
(2.) ALL the appellants are resident of down Jalalabad, Police Station Jalalabad, district Shahjahanpur. The occurrence was alleged to have taken place on 2-1-1975 at about 11.15 P. M. in Khera street Jalalabad town, district Shahjahanpur ; one Sheo Krishna alias Kally, aged about 15 years, son of Roop Ram informant (PW 1), lost his life during this occurrence on the pavement in front of his house towards north-west at a distance of about ten steps, as shown in site plan Ext. Ka-11. Ram Naresh alias Toota appellant is the next door neighbour of informant. However, relations amongst Ram Naresh and informant and his sons were strained. It was about a year prior to occurrence that Ram Naresh bad beaten Ram Krishna, elder brother of deceased and had snatched away a watch ; Ram Krishna lodged a. report about that incident.
(3.) RAM Naresh had an evil eye on deceased and made abortive attempts to satisfy his homosexual lust; Sheo Krishna complained to his father about this lusty behaviour of RAM Naresh ; Roop RAM did not lodge any report to avoid ignominy but advised his son to keep away from RAM Naresh. However, RAM Naresh was on the look out for an opportunity. It was on 2-1-1975 when Sheo Krishna bad gone to see dramatic performance near his house in the compound of Paras Ram temple; appellants had also gone there; when Sheo Krishna made way for his house at about 11.00 P. M, he was followed by the appellants; they surrounded the victim near his house on the pavement and started dragging him towards the grove. Sheo Krishna resisted the Same and raised alarm which attracted to the scene Roop Ram (PW 1), Sheo Ram (PW 5), Jagannath (PW 6) and Murli.;