- (1.) This Criminal Appeal has been preferred by the appellant Ram Manohar against the judgment and order dated 25.3.1983 passed by the learned Sessions Judge, Fatehpur in S.T. No. 171 of 1982 (State Vs. Ram Manohar and another) under Section 302 read with Section 34 I.P.C., Police Station Hussainganj, district Fatehpur whereby the appellants Ram Manohar and one Mewa Lal (since died) have been convicted and sentenced for the offence under Section 302 read with Section 34 IPC to undergo imprisonment for life.
(2.) Criminal Appeal No. 828 of 1983 filed on behalf of the co-accused Mewa Lal was abated by this Court on 23.3.2012, therefore, appeal filed by the appellant Ram Manohar is only before us. We proceed to deal with this appeal.
(3.) Prosecution story in nut shell is as follows : Written report dated 9.1.1982 Ex. Ka-1 was submitted by informant Dharam Pal at Police Station Hussainganj mentioning therein that on 9.1.1982 informant and his uncle Ram Prasad were returning to their house on bicycle. Ram Prasad was riding bicycle and informant was a pillion rider. At about 6 P.M when they reached near the north-east corner of the house of Jageshwar suddenly accused Ram Manohar armed with country made pistol and Mewa Lal armed with axe came there. Accused persons exhorted to kill the informant and Ram Prasad (deseased). On hearing this, informant jumped from the bicycle and raised hue and cry. Ram Prasad also tried to get down from the bicycle. Ram Manohar fired from his country made pistol. As a result of which Ram Prasad got injured thereupon accused Mewa Lal assaulted him with the help of an axe. As a result of which Ram Prasad died on the spot. On the hue and cry of the informant witnesses Ram Das, Rajan, Satya Narain came there and saw the incident. When they challenged the accused persons, they ran away. It was moon light at the time of incident. It is also mentioned in the F.I.R. that there was some previous enmity between deceased Ram Prasad and the accused appellant over the theft of a goat and a buffalo of Ram Prasad which was allegedly stolen by Ram Manohar. On this point altercation took place between them which gave rise to the commission of the present offence.;