Palok Basu, J. - (1.) This appeal has been filed by two persons, viz. Chandra Deo alias Channu and Brij Raj. Both the appellants stand convicted under Section 302/34 Indian Penal Code and sentenced to imprisonment for life for having caused the death of Ram Badan Singh. Both the appellants stand further convicted under Section 307/34. Indian Penal Code for having caused a firearm injury on P.W.3 Ram Chandra Singh. These convictions and sentences were recorded by the II Additional Sessions Judge, Azamgarh on 21.7.1979 in S.T. No. 210 of 1977.
(2.) The charge against the appellants was that on 16-3-1977 at about 4.00 P.M. in village Cheota, P.S. Kandharapur, District Azamgarh, they committed the murder in furtherance of the common intention and thereby intentionally caused the death of Ram Badan Singh punishable under Section 302/34 Indian Penal Code. They were further charged for having caused fire-arm injuries on Ram Chandra Singh with the knowledge and under such circumstances by that act they could have caused the death of Ram Chandra Singh and thereby committed offence punishable under Section 307/34 Indian Penal Code.
(3.) The prosecution case,in short, is that on 16.3.1977 parliamentary election was going on, the hours being 8-00 A.M. to 5-00 P.M., in the Primary School building, which building had already collapsed. The primary fight was between two political parties, known as Congress Party and Janta Party. The appellants are Ahirs and were working for the Congress candidate, whereas the informant and the deceased as well as the victim and some other persons on their side were working for the Janta Party. Further case of the prosecution is that these two appellants and two other accused, viz. Shyam Kumar and Dharamjeet, since acquitted, came to the polling booth in the said Primary School. They attempted and dragged away some voters from the Janta Party camp to the Congress party camp. This was objected to by the deceased, Ram Badan Singh, but the accused extended threats to the deceased and said that he would be taught lesson. Accordingly at about 4.00 P.M. the deceased was going towards the village for persuading other voters to come and to exercise their franchise. By the time he reached the field of Bhagirathi Singh, the four accused, out of whom Shyam Kunwar and Dharamjeet, the acquitted accused, being aimed with Lathi, and the appellants, viz. Brij Raj alias Lallu and Chandra Deo alias Channu, being armed with Bhalla and Gun respectively, appeared there. Brij Raj exhorted that Ram Badan Singh should be finished at once. Ram Badan Singh, the deceased raised hue and cry which attracted Vidya Dhar Singh (P.W.2), Ram Chandra Singh (P.W.3), Phool Badan Singh (P.W. 4) and other witnesses, viz Samsher Singh, Ram Daras Singh and others. Chandra Deo, as per the prosecution case, fired from his gun thrice on Ram Badan Singh. The first two shots hit him but the third shot travelled to hit Ram Chandra Singh (P.W.3). According to the prosecution case the condition of Ram Badan Singh became critical and consequently he was thought to he carried to the city of Azamgarh for which Samsher Singh was asked to bring a Taxi for taking the victim to the hospital in the city. Samsher Singh did come back with a Taxi, driving himself, and carried Ram Badan Singh to the city of Azamgarh, who, by the time the Taxi had reached Bramhasthan Chaungi, died. The other persons accompanying Samsher Singh in the Taxi were Vidya Dhar Singh (P.W.2) and Ram Chandra Sigh (P.W.3), apart from another person, viz. Rajendra, not examined. However, a first Information Report was consequently dictated by Vidya Dhar Singh to the aforesaid Rajendra, which was lodged at P.S. Kotwali at 9.30 P.M. and proved as Ex. Ka. 1. P.W. 6, a constable, posted at Kotwali Police Station, prepared the chick report (Ex.Ka-5) and registered the case at SI. No. 37 in the General Diary at 9-30 P.M. on 16.3.1977, vide copy Ex. Ka.6.;