Imtiyaz Murtaza, J. - (1.) The above appeals have been preferred against the Judgment and order dated 16.11.2002 passed by the Additional Sessions Judge, Hamirpur in S.T. No. 44/97 whereby both the appellants have been convicted under Section 302/34 I.P.C. for the murder of Loknath and sentenced to undergo imprisonment for life and a fine of Rs. 20,000/-: Appellant Govind Das has been sentenced to death under Section 302/34 I.P.C. for committing the murder of Naval Kishore.
(2.) Brief fact of the case as mentioned in the first information report is that the informant Mannu is resident of Village Alra, P.S. Muskara. His family lives in Village Natarra, District Mahoba where his in-laws are residing. He and his wife Shail Kumari and younger son Naval Kishore occasionally come and stay in village Alra and they cultivate the land of their share. About eight days ago his cousin Govind Das @ Gudda and his son Jai Kishan had encroached the land on the back side of his house by a Bandhi. On 11.8.96 his son Lok Nath @ Lukkhi whose wife was expecting to deliver a child came to take his mother alongwith him. His wife had informed Lok Nath about the encroachment of their land . In the afternoon, verbal alteration had started between Lok Nath and Govind Das and his son Jai Kishan. In the evening, Lok Nath and his mother were going to Natarra and as they reached in front of the field of Ram Gopal Lodhi near Gahroli Nahariya Nalla, Govind Das @ Gudda came armed with Kulhari and his son Jai Kishan armed with Bhalla started assaulting Lok Nath. His son fell in the field near Nalla Nakar and thereafter they killed him. His wife came running to the house and he and his younger son Naval Kishore were going near the dead body of his son and as they came out of the village and reached near the pond, Govind Das @ Gudda and Jai Kishan met them. They were armed with Kulhari and Bhalla and his younger son was also killed by them. Thereafter they ran away. He left his wife near the dead body of his younger son and came for giving information.
(3.) The report was registered at the Police Station Muskara by the Head Constable Clerk Ghanshyam Sharma at 11.30 p.m. He prepared chik report (Ex.Ka.5) and also prepared G.D. entry No. 26 at 11.30 p.m. (Ex.Ka.6). After the registration of the case Sri P.K. Singh, Station House officer, Sumperpur started investigation. He could not prepare the inquest report in the night. In the morning he prepared the inquest memo of Naval Kishore, and dispatched the dead body through. Constables Narain Singh and Ram Singh for the post mortem. The inquest report of Naval Kishore is Ex.Ka.7. He also prepared challan lash, photo lash and letter to C.M.O. (Ex.Ka. 8 to Ex.Ka.10). He also collected blood stained and plain earth and prepared the recovery memo (Ex.Ka.11). Thereafter he prepared the inquest memo of Lok Nath (Ex.Ka.12). He also prepared challan lash, photo lash and letter to C.M.O. (Ex.Ka.13 to Ex.Ka.15). The dead body was dispatched through Constables Narain Singh and Ram Singh for the post mortem examination. He prepared the site plan (Ex.Ka.17), recorded the statements of witnesses and after conclusion of the investigation submitted the charge sheet (Ext. Ka.....).;