- (1.) BOTH the aforesaid appeals have been preferred against the judgment and order dated 13.9.2005 passed by Additional Sessions Judge, Court No. 6, Sitapur convicting the appellants under Section 302 IPC and sentencing to undergo rigorous imprisonment for life and imposing a fine of Rs. 1000/ - on each of the appellants. In the event of default in payment of fine, the appellants have to undergo further imprisonment for a period of one year.
(2.) BRIEFLY stated, according to prosecution case, the report of the incident was lodged by Baratilal alleging that on 3.2.2003 his son Hari Krishna aged about 21 years had gone to look after the crops. He and his wife also went to look after their fields. While his son was returning from the field and reached near Hata of Chhail Bihari Murau, Hukum Chand and Gudali who were hiding in the Hata dragged him inside the Hata and his son raised alarm. He and his wife Ram Shri and Jangu of the village ran to save him and saw that Hukum Chand had fired on the head of the son by a country made pistol and thereafter Gudali had inflicted banka injuries on the head. On alarm being raised by them, the assailants ran away and made their escape good. It was alleged that his son was murdered on the accusation of amorous relationship. The incident had taken place at 6 p.m. The dead body was lying in the Hata of Chhail Bihari.
(3.) THE case was registered at police station Maholi on 3.2.2003 at 9:30 p.m. PW -4 Head Constable Khushi Ram had registered case crime no. 62 of 2003 under Section 302/506 on the basis of the report lodged by the complainant Baratilal. He prepared chik F.I.R., Ex. Ka -3 and also made G.D. entry Ex. Ka -4. Pw -5 J.P. Singh commenced investigation and recorded statement of Barati, his wife Smt. Ramshri and reached at the place of incident on 4.2.2003. Inquest was prepared by S.I. V.R. Arya on his dictation. He had also signed the inquest report. The dead body was sealed and sent for post mortem examination. He had proved the inquest report Ex. Ka -5, letter to R.I., Ex. Ka -6, photo lash, Ex. Ka -7, challan lash Ka -8, sample seal Ka -9 and letter to C.M.O. Ex. Ka -10. On 4.2.2003 he prepared site plan Ex. Ka -11. He also collected blood stained and plain earth from the place of incident. He also collected pellets and tikli and prepared recovery memo, Ex. Ka -13. He also recorded the statements of witnesses of inquest and recovery memos, namely, Girdhari Lal, Virendra Misra, Chhail Bihari, Mangu Lal and Bindra. He also recorded statements of witnesses Jangu, Munna Lal, Munna Misra and Badley. He also recorded statements of Shri Krishna and Umesh Kumar Misra. Thereafter investigation was transferred to Pw -6 Babu Ram Arya. After conclusion of the investigation, he had submitted charge sheet Ex. Ka -14.;