Imtiyaz Murtaza, J. - (1.) This appeal has been filed against the judgment and order dated 10,6.2004 passed by the Sessions Judge, Pilibhit in S.T. No. 546 of 2002 whereby the appellants are convicted under Section 302/34 I.P.C. and sentenced to death. Both are further convicted under Section 506 I.P.C. and sentenced to R.I. for 5 years.
(2.) Brief facts of the case, mentioned in the first information report lodged by Sher Singh alias Guddu, are that there was enmity between his family and the family of Krishna Kumar and Tika Ram alias Gantha, his cousins, due to partition of the house, which was made by the District Magistrate one year back. It is alleged that on 7.6.02 at about 7.30 A.M. his father Sumer Lal was sitting at the temple of Thakurdwara. Krishna Kumar armed with an axe and Tika Ram who carried a Bhujali (Banka) reached there and Krishna Kumar challenged him. His father ran away to save his life and also raised alarm. He was chased and murdered on the road near the house of one Puran Lal. His dead body was thrown in a drain. On hearing the cries of his father, his mother Smt. Rajjo Devi rushed to save him. She was also murdered by cutting her neck by an axe and Bhujali. The complainant alongwith Roshan Lal and Neelambar reached at the spot. The accused persons ran away brandishing their weapons. The people of the village started running and confined themselves in their houses. The dead bodies of his father and mother were lying on the spot. It is further mentioned that Krishna Kumar had also earlier committed a murder. Due to fear of the accused, no body could protect them. It is further alleged that the accused had committed the murder with the connivance of Aqueet Ahmad and Aslam Zaidi. The report was registered at the police station Jahanabad, District Pilibhit on 7.6.2002 at 8.00 A.M. After the registration of the case, Arvind Kumar Sharma S.O. started investigation of the case. He recorded the statements of Head Moharrir Radhey Shyam Verma and informant Sher Singh alias Guddu. He alongwith Ramendra Singh S.I. Sanjai Pratap Singh Rathor S.I. and other police constables reached at the place of the occurrence. He found the dead body of Sumer Singh lying in a drain. He prepared the site plan on the pointing out of the informant which is Ex. Ka 10. On his direction, S.I. Sanjai Pratap Singh Rathore collected plain and blood-stained earth near the dead body of Sumer Lal and prepared its recovery memo which is Ext. Ka. 4. S.I. Ramendra Singh prepared the inquest memo and other papers. Thereafter he reached at the place where the dead body of Smt. Rajjo was lying. He prepared the site plan Ext. Ka. 11. S.I; Ramendra Singh prepared the inquest memo on the dead body of Smt. Rajjo. S.I. Sanjai Pratap Singh Rathore collected the plain and blood stained earth from near the dead body of Smt. Rajjo and prepared its recovery memo which is Ext. Ka. 5. On the same day he arrested accused Krishna Kumar and Tika Ram alias Gantha. At the time of arrest they were wearing blood stained shirt. The shirts of both the accused were seized and recovery memos were prepared. He also recovered a blood stained axe and a blood stained Banka on their pointing out from a kothari situated in the grove of Habibullah. The recoveries were made in the presence of S.I. Sanjai Pratap Singh Rathore and S.I. Ramendra Singh An axe was recovered on the pointing out of Krishna Kumar and Banka was recovered on the pointing out of Tika Ram. He also prepared the recovery memo of these weapons which is Ext. Ka. 6. On 8.6.2002 he recorded the statement of witnesses. On 24.6.2002 he recorded the statement of Roshan Lal, Neelambar, Udai Pal and Kali Charan. After the conclusion of the investigation he submitted the charge-sheet (Ext. Ka. 13).
(3.) After submission of the charge-sheet the case was committed to the court of Sessions and charges were framed against the appellants under Section 302/34 and 506 I.P.C.;