- (1.) A. B. Srivastava, J. The Additional Sessions Judge, Kanpur vide his judg ment dated 5-8-1979 convicted appellants Maha Prasad, Puttan, Krishnanand, Chhunna, Bhikham Singh, Gopal Sheo Shankar of Criminal Appeal No. 1820 of 1979, and Chhuttan of Criminal Appeal No. 1850 of 1979, of the offence punishable under Sections 302 and 307. 1. P. C. both read with Section 149 of the I. P. C. and sentenced each of them to imprisonment for life and for five years respectively on the two counts. He further convicted appellants Puttan, Chhunna, Knshnanand and Bhikham Singh under Section 148,1. P. C. and awarded a sentence of 2 years R. I. Each and Gopal, Chhuttan and Sbeo Shankar under Section 147 of the I. P. C. and sentenced to R. I. for one year. The sentence are to run concurrently.
(2.) BOTH these appeals being connected are being disposed of by a com mon judgment. The prosecution came forward with the story that there is a long standing enmity between the rival parties consisting of the first informant Tehsildar Singh (PW 1) and others on one side, and accused- appellant Maha Prasad and others on the other. On 23-5'1979 at about 4 p. m. deceased Vijai Bahadur Singh the cousin of Tehsildar Singh had gone to the house of Dharamraj Singh (PW 2) situated in village Maholi, district Kanpur to get the wheat which he was to purchase from Dharamraj Singh weighted. Dharamraj Singh along with his brother Ram Rahadur and Dharamvir were present and sitting in front of their house. Vijai Bbadur Singh on reaching there asked for water to drink on which Dharamvir asked Ram Bahadur to fetch water, and the latter went to the well situated in front of his house with a rope and bucket to take water. The rope tied to the bucket of Ram Bahadur got entangled with the rope of accused-appellant Maha Prasad, who was already drawing water from the said well. On this Maha Prasad started abusing Ram Bahadur. This was objected besides Ram Bahadur, by Ramvir and Vijai Bahadur. Maha Prasad thereafter left with water for his home abusing and threatening to see to them. After a shortwhile the accused persons 9 in number, arrived at the, scene of occurrence. Of these Maha Prasad and Bhikham Singh had guns Chhunna and Ramanand country-made pistols, Krishnanand had Farsa and Mahanand, Chhuttan, Gopal and Sheo Shankar had lathes in their hands. Exhorting his fellow assailants to fire to kill, Maha Prasad fired with his gun and the shot hit Vijai Bahadur who pressing his hand on the chest turned towards the gallery of the house of Dharamraj. In the meantime Chhunna, Ramanand and Bhikam also fired with their weapons, the shots hit Vijai Bahadur, Dharam raj and his brother Dharamvir. Informant Tehsildar Singh and others with him used 'dandas' und threw brickbats towards the assailants in a bid to save themselves. Vijai Bahadur died on the spot on account of the fire arm injuries. During the course of the incident Natthu Singh, Babu Ram and Govind Pasi with their licensed guns and a few others of the village reached and reprimand ed the accused persons, who thereupon ran into the house of appellant Bhikham Singh, situated nearby and bolted it from inside.
(3.) A written report, (Exhibited Ka 1) regarding this incident was prepared by informant Tehsildar Singh and taken to the police station Mahraj-pur, district Kanpur in the company of Dharamraj Singh and Dharamvir Singh, where an F. I. R. was registered at 6-15 p. m. the same day and the chick F. I. R. , Exhibit Ka 5, and G. D. Entry, Exhibit Ka 14, was prepared. The Investigating Officer Shyam Singh Parihar (PW 9) who was ore sent at the police station took up the investigation and after recording the statements of witnesses present at the police station proceeded to the place of occurrence. Reaching there he deputed force in front of the house of Bhikham Singh were the accused persons were said to have been hiding and requisitioned force. He made the inquest of the dead body of Vijai Bahadur and along with the inquest report and other relevant documents Exhibits Ka-6 to Ka-9 sent it for post-mortem examination. After arrival of the additional police force at about 11. 30p. m. the same night the accused persons were arrested from the house of Bhikham Singh by forcing entry therein. From the possession of accused Maha Prasad a gun with 10 cartridges Bhikham Singh another gun with 5 cartridges, from Chhunna and Sheo Shankar country-made pistol with cartridges, Krishnanand sword and from Puttan a lathi were recovered. The accused along with the recovered articles were sent to the Police Station.;