K.K. Misra, J. - (1.) This Criminal appeal arises out of the Judgment and order dated 30.11.1981, passed by Sri U.S. Tripathi, the then VII Addl. Sessions Judge, Allahabad in Sessions Trial No. 317 of 1980, State v. Garibuddin and Ors. Conviction the appellants Garbuddin, Nankae and Bachen under Section 302 I.P.C. read with Section 34 I.P.C. and sentencing them to undergo imprisonment for life.
(2.) Briefly stated, the facts of the case as narrated in the F.I.R. are that in the night of 15/16.3.80, Ram Surat deceased resident of villange Salehpur P.S. karari, District Allahabad was sleeping in his house on a cot in the Chaupal near the northern door. His son Shanker Lal, P.W.I (Informant) was sleeping on another cot in the said Chaupal in the eastern portion A glowing lantern was hanging the said Chaupal. In the night at about 1.00 a.m. Garibuddin, Nankae and Bachen accused armed with axe, Pharse and Lathi respectively climbed clown the Aangan of Shankar Lal P.W.1 by scaling its boundary wall. When they jumped down Shankar Lal P.W.1 woke up hearing the sound and saw these three accused in his Aangan with the weapons, stated above. Seeing the accused armed with the weapons, Shankar Lal P.W.1 rushed towards north side, opened northern door of the Chaupal and started shouting. On his cries, Ram Newaz P.W.2, Chhedi Lal P.W.3 and Nisar rushed towards his house fleshing their torches. When they reached the door of Shankar Lal. P.W.1, they observed the accused inflicting injuries with their respective weapons upon Ram Surat deceased. On the alarm raised by the witnesses, the accused ran away towards north side, threatening Shankar Lal P.W.1 that though he escaped unharmed but he would not be spared in future. It is further stated in the F.I.R. that the first informant Shankar Lal P.W.1 had seen the accused in the light of lantern and other witnesses had seen the accused in the light of torches. After fleeing of the accused persons, the eyewitnesses went inside the house near Ram Surat and found him dead on the cot, profusely bleeding. Shankar Lal, P.W.1 went to the police station Karari situate at a distance of two miles from the place of occurrence on the night of 16.3.1980 itself and lodged the report of the incident at 1.30 p.m. by oral narration.
(3.) The investigation of the case was handed over to Sri Nagendra Bahadur .Sngh, I.O. P.W.4. He recorded the statement of Shankar Lal P.W.1 at the police station itself and thereafter proceeded to the place of occurrence. The inquest could not be conducted in the night for want of sufficient light. The Investigating Officer inspected the dead body of Ram Surat deceased and conducted inquest in the next morning. After preparing the inquest .report, the dead body with relevant papers was handed over to Constables Basdeo Singh, P.W.6 and Kamla Kant Pandey for being taken for post mortem examination. Thereafter, the Investigating Officer inspected the place of occurrence and prepared the site plan. He also took in possession the blood stained and simple earth from the spot. Thereafter, he recorded the statements of the witnesses Nisar and Ram Newaz. On 17.3.80, he recorded the statement of Chheddi Lal P.W.3. Thereafter the investigation of the case was taken over by the Station Officer Sri Bhullan Ram. After investigation, the charge sheet was submitted against the accused on 12.4.80.;