- (1.) THE appeal in hand is directed against the judgement and order dated 24.5.84 passed by VI Additional Sessions Judge, Unnao in S.T. 285/83 convicting the appellant under Section 302 IPC.
(2.) INITIALLY the appeal was filed by two appellants, namely, Chandra Pal Singh and Badloo but during the pendency of the appeal, Chandra Pal Singh died and the appeal on his behalf abated vide order dated 6.5.2013. Thus, the appeal survives only in respect Badloo, the remaining appellant.
(3.) SHORN of irrelevant details, the facts of the case as put forth by the prosecution are that on 6.6.82 at about 5 p.m. Shahanshah was going for easing and when he reached near the house of Chandra Pal, accused Chandra Pal Singh and Badloo came out of their house. They were carrying a DBBL gun and a rifle respectively. They exhorted to kill Shahanshah saying that he is a great helper of Babu Singh and fired shots with their weapons. Shahanshah sustained gunshot injuries and fell down in the lane. Ahmad Raza, Alim Khan and Buddha Pundit reached there on hearing the shrieks of Shahanshah. Ram Raj and Ram Gopal suddenly came out of the temple and fired at them. They, however, managed to escape unhurt and accused persons ran away. Shahanshah succumbed to his injuries. The F.I.R. of the incident was prepared by Jalal Khan and was lodged at police station Ajgain at 7:35 p.m. On the basis of the report, chik F.I.R. (Ex. Ka -3) was prepared by PW -6 Constable Dinesh Kumar. He also prepared G.D. Entry which is Ex. Ka -18 and sent special report to the higher authorities vide G.D. (Ex. Ka -19). After registration of the case, PW -5 SO Sanmun Singh recorded statements of Jalal Khan and Head Constable at the police station and reached at the place of occurrence. He prepared inquest report on the dead body of Shahanshah on 7.6.82 and also prepared site plan, Ex. Ka -8.;