Imtiyaz Murtaza, J. - (1.) This appeal has been filed against the judgment and order dated 28.9.1996 passed by the Sessions Judge, Azamgarh in S.T. No. 427/1995 whereby the appellants have been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life. The prosecution case in brief is that about 3-4 months prior to the occurrence wife of informant Ram Chandra was sleeping in his kachcha house and his parents were sleeping in another house, at that time informant was not in his village. In the night Ratan and Firtoo entered into his house. His father woke up and challenged them. Both of them went away. But his father could not speak out of fear. Thereafter his father sent his wife to her parents house. Ratan and Firtoo were annoyed with his father. The informant returned to his village in the night of 16/17.6.95. His father was sleeping outside the house. His mother was sleeping inside the Osara. He and his younger brother were sleeping on the roof. At about 11.15 p.m. he woke up due to bursting of a bomb. He saw from the roof by flashing his torch that Ratan and Firtoo were running away from there. Several persons collected who witnessed the occurrence. The informant did not disclose the names of assailants due to fear nor chased them. His mother had also seen them.
(2.) The written report was lodged by the informant Ram Chandra at Police Station Rani Ki Sarai, District Azamgarh on 17.6.95 at 1.30 a.m. After registration of the case Sub-inspector M.D. Pandey started the investigation. Me prepared inquest report (Ex.Ka. 12), letter to C.M.O., Photo lash, Challan lash and letter to R.I. were prepared (Ex.Ka. 13 to Ex.Ka. 16). Me also recorded the statement of Head Constable Vibhuti Prasad. He prepared the site plan (Ext.Ka. 17). He collected plain and blood stained earth from the spot. He also collected the residue of bomb and blood stained rope (Ex.Ka. 18). He also collected the torch of the informant (Ex.Ka. 18-A).
(3.) Thereafter the investigation was conducted by Amar Jeet Singh, Sub-inspector. He arrested the accused persons and submitted the charge sheet (Ext.Ka. 5).;