- (1.) The instant criminal appeal has been preferred by the appellants-Survendra Kumar @ Sunil Kumar and Chulli @ Rajendra Kumar challenging the judgment and order dated 29.03.2011 passed by learned Additional Sessions Judge/F.T.C. Court No.4, Fatehpur, in Sessions Trial Nos.620 of 2005, 621 of 2005 and 622 of 2005 arising out of Case Crime No.30 of 2005, under Section 302 IPC, Case Crime No.32 of 2005, under Section 25 of Arms Act and Case Crime No.31 of 2005, under Section 25 of Arms Act, Police Station Thariyaon, District Fatehpur whereby both the appellants Survendra Kumar @ Sunil Kumar and Chulli @ Rajendra Kumar were convicted for the offence under Section 302 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs.5000/- each with default stipulation of six months additional imprisonment. They were further convicted for the offence under Section 25 of the Arms Act and were sentenced with rigorous imprisonment for a period of two years each and also with fine of Rs.2000/- with default stipulation of two months additional imprisonment. Both the sentences were directed to run concurrently.
(2.) In brief, the facts of the case are that on 27.03.2005 the complainant Subhash Kumar lodged an FIR at police Station Thariyaon, District Fatehpur at 1:50 p.m. alleging therein that at about 11.30 a.m. on the same day he alongwith his mother Kunti Devi and father Chandrabhan was harvesting their Arhar crop. Meanwhile, appellants Survendra Kumar @ Sunil Kumar and Chulli @ Rajendra Kumar, who happen to be real brothers and sons of Krishna Gopal Tiwari, reached there. Some dispute regarding agricultural land was going on between the complainant side and the appellant's side. These persons asked the complainant side not to harvest the Arhar crop. When the complainant side objected and said that it is their field and the crop is also their then both the appellants started firing on the complainant side due to which the parents of the complainant Subhash Kumar sustained injuries and they died on the spot. Because of this incident, the other persons who were busy in their agricultural work in the nearby fields also ran away towards village because of fear and the persons who were passing through the public way, they also ran away from there. The complainant also ran away to save his life. He was also fired at by the accused persons but anyhow he saved himself. Thereafter, the appellants went away towards jungle. It was also mentioned in the FIR that there is terror of the accused persons in the area and the dead bodies are lying on the spot. This FIR was scribed by Wahid son of Bhullu resident of village Bahrampur, Police Station Thariyaon, District Fatehpur.
(3.) After registration of the case investigation started and the inquest proceedings of the two dead bodies were conducted and the same were sent for postmortem. The accused persons were arrested and on the pointing out of the appellant Chulli @ Rajendra Kumar one countrymade pistol of 12 bore was recovered and in the same transaction the other appellant Survendra Kumar @ Sunil Kumar was also arrested and on his pointing out countrymade pistol 315 bore was recovered. The said recovered articles were sent for Forensic Science Lab report for examination but admittedly no Forensic Science Lab report is on record. This fact is mentioned in the impugned judgment. From the place of occurrence three empty cartridges including one metallic cartridge of 315 bore and two empty cartridges of 12 bore were taken into custody and its memo was prepared.;