Imtiyaz Murtaza, J. - (1.) Present appeal has been filed against the judgment and order dated 22.5.1981 passed by VI, Addl. Sessions Judge, Allahabad in S.T. No. 232 of 1980 whereby the appellants have been convicted under Section 302/34 I.P.C. and sentenced to undergo imprisonment for life and further convicted appellant No. 2 Shambhoo Nath under Section 326 I.P.C. and sentenced to him to undergo Rigorous imprisonment for ten years. Sentences of appellant no. 2 have been ordered to run concurrently.
(2.) The facts of the case, as mentioned in the F.I.R. lodged by Jeet Lal, are that after taking meal on the date of the occurrence he was sleeping on a cot alongwith Nanhey at the back door of his house, At about 2 a.m. he heard some noises and woke up. Nanhey also woke up. On the instigation of Raja Ram Shambhu started assault on him by Pharsa and Lallu fired on his back. Nanhey also received injuries in saving him. Shyamlal, Awdhesh, Narayan and his father reached there, then all the accused persons took to their heels. Raja Ram and Lallu are of his village and Shambhu is resident of Chapri. A lantem was also burning there. It is farther alleged that litigation was going on between complainant and Raja Ram. On account of this enmity present occurrence had taken place.
(3.) First Information Report (Ex.Ka-1) was lodged by the, informant on 29.8.1979 at 4 a.m. After lodging of the report investigation was handed over to S.H.O. Daya Ram Dwivedi. F.I.R. of the case was written in his presence on the dictation of Jeet Lal. He also recorded the statement of Jeet Lal, ( Ex. Ka-10). This statement was recorded at 4.40 a.m. He also recorded the Statement of Nanbey. He further stated that in the morning he came to know that Jeet Lal succumbed to his injuries. He recorded the statement of Shyam Lal. He stated that inquest report (Ext Ka-7) was prepared in his presence. He prepared photo lash and challan lash, (Ext.Ka-11 and Ka-12) and dispatched the dead body for the post mortem examination. He also collected the blood stained clothes of the deceased and pieces of quilt and dari and prepared its recovery ( Ext Ka-8 and Ext Ka-2 to Ka-6). Thereafter he recorded the statements of Awdhesh Narayan and witnesses of inquest report. He prepared the site plan, (Ext. Ka-13). He also collected the blood stained and plain earth, (Ext. Ka-7 to Ka-9). On 31.8.1979 he prepared the recovery memo of lantern, (Ext. Ka-14). After conclusion of the investigation he submitted the charge sheet, (Ext. Ka-15) against the appellants.;