- (1.) N. B. Asthana, J. This appeal has been directed against the judgment and. order dated 20-3-1986 passed by the then Additional Sessions Judge, Fatehpur in S. T. No. 218/84 convicting Ram Vishal under Section 120-B, I. P. C. , being a party to a criminal conspiracy to commit the murder of Uma Dutt Pandey and sentencing him to undergo imprisonment for life, convicting Raj Karan and Shyam alias Ishwar Dutt accused under Sees. 364 and 302/34, I. P. C. , and sentencing each of them to undergo R. I. for 10 years under the first count and to imprisonment for life under the second count, convicting accused Pramod Kumar under Sections 120-B and 302/34, I. P. C. , and sentencing him to undergo life imprisonment on each of the two counts.
(2.) THE charge against Ram Vishal Pandey was that he along with co-accused Pramod Kumar about 10 days prior to the murder of Uma Dutt Pandey which was committed in the night of 26/27-7-83 after 10- 30 p. m. entered into a criminal conspiracy at the house of accused Ram Vishal Pandey in Mohalla Amarsai, P. S. Kotwali, Fatehpur and in pursuance of this conspi racy the murder of Uma Dutt Pandey was actually committed. Pramod Kumar was charged for entering into a criminal conspiracy and in furtherance of the common intention of all the co-accused of having committed the murder of Uma Dutt Pandey upon the date time and place as above said. The charges against Raj Karan and Shyam are that on 26-7-1983 at about 7. 30 p. m. they abducted Uma Dutt Pandey from the house of Sri D. D. Sharma, Advocate in Mohalla Ismailganj, P. S. Kotwali, Fatehpur in order that he may be murdered and that he was actually murdered upon the anti-time and place as aforesaid.
(3.) BHOLA Prasad accused was acquitted by the trial court. The State has not preferred appeal against that acquittal. The prosecution story in brief was that deceased Uma Dutt Pandey was on inimical terms with Bhola Prasad and for fear of him had shifted from village Toni, his original place of residence to Ismailganj and was living in the upper story of the house of Sri D. D. Sharma accused Raj Karan and Shyam used to visit him. Raj Karan accused was also related to him. The deceased was addicted to liquor. Accused Raj Karan and Shyam used to take liquor with him. On 26-7-1983 at about 7. 00 p. m. accused Raj Karan and Shyam came to the house of Uma Dutt Pandey. They asked the deceased to accom pany them to take a walk. The deceased accompanied them; The deceased was also having a purse (Ext. 1) with him containing some money and an Angocha Ext. 2. These two accused along with Bhola Prasad used to visit the house of accused Ram Vishal Pandey. Accused Pramod Kumar is the son of Ram Vishal Pandey and was living with him in a house in Mohalla Amarzai P. S. Kotwali, Fatehpur. In a portion on this very house PW 3 Km. Karuna Devi along with her mother was residing as tenant. About 1 months prior to the murder of Uma Dutt Pandey, Bhola Prasad come to the house of accused Ram Vishal Pandey at about 4. 00 p. m. and told him that he fears for his life at the hands of Uma Dutt Pandey and that he should be killed. Accused Ram Vishal Pandey told him that accused Raj Karan is the son of his Mausi, that he is on friendly terms with Uma Dutt Pandey and that Raj Karan would abide by what he would say. After that Bhola Prasad came to the house of accused Ram Vishal Pandey at about 8. 30 p. m. in the night. Ram Vishal told Bhola Prasad that he had talked to Raj Karan who is prepared to murder Uma Datt Pandey but he demanded Rs. 7,000/-, Bhola Prasad gave some money to accused Ram Vishal. Both of them took evening meals together and Bhola Prasad stayed at the house of Ram Vishal. On the date of occurrence accused Raj Karan and Shyam along with the deceased came to the house of accused Ram Vishal. Accused Pramod Kumar was also there. Accused Raj Karan and Shyam has brought two bottler of liquor with them. All of them took liquor. Deceased took a heavy dose of liquor and did not take meals. The remaining accused took meals. Accused Raj Karan, Pramod and Shyam along with the deceased then left the house. At about 11. 00p. m. accused Pramod Kumar, Raj Karan and Shyam returned to the house of Ram Vishal and told him that they have committed the murder of Uma Dutt Pandey. Accused Shyam and Raj Karan demanded money from Ram Vishal who handed over some money to Raj Karan Raj Karan and Shyam then went away, PW 3, Km. Karuna Devi was in the knowldege of all these activities. Accused Pramod Kumar and Ram Vishal threatened her that in case she opened her mouth she would meat the same fate as Uma Dutt Pandey. In the morning she came to the college where she was taking training of B. T. C. and then went to her village Bindki where her elder brother used to reside. She took leave of about 15 days and thereafter used to go to the college from Bindki. She told about this incident to her brother who informed the police about it and thereafter her statement was recorded by the Investigat ing Officer. PW 3 Km. Karuna Devi in her statement corroborated the above prosecution story.;