Surendra Vikram Singh Rathore, J. - (1.) HEARD Shri Kunwar Mukul Rakesh, learned counsel for the appellants, and Smt. Madhulika Yadav, learned AGA for the State.
(2.) UNDER challenge in the instant criminal appeal is the judgment dated 02.08.1982 and order dated 03.08.1982 passed by II Additional Sessions Judge, Rae Bareli, in Sessions Trial No. 41 of 1981 and Sessions Trial No. 43 of 1981, arising out of Case Crime No. 332 of 1980, Police Station Bachhrawan, District Rae Bareli, whereby all the three appellants were convicted and sentenced as under: - "Appellant Deo Kumar (Dead) i) For the offence under Section 302 IPC imprisonment for life; ii) For the offence under Section 323/34 IPC, rigorous imprisonment for a period of six months; iii) For the offence under Section 25 of the Arms Act, rigorous imprisonment for a period of six months. Appellant Deep Narain i) For the offence under Section 302/34 IPC, imprisonment for life, and ii) For the offence under Section 323 read with Section 34 IPC, rigorous imprisonment for a period of six months. Appellant Ghisiyawan i) For the offence under Section 302/34 IPC, imprisonment for life, and ii) For the offence under Section 323 IPC, rigorous imprisonment for a period of six months." All the sentences were directed to run concurrently. During pendency of the instant appeal, appellant Deo Kumar expired and because of his death, his appeal was abated vide order dated 15.10.2015.
(3.) IN brief, the case of the prosecution was that on the date of occurrence i.e. 23.09.1980 at about 07.45 PM complainant Ram Suchit and deceased were taking the pair of their bullocks from the thatch to the cattle shed. A lantern was kept lighted at the corner of Chabutara in front of the cattle shed. When complainant Ram Suchit and deceased Devi Saran, who happens to be the son of the complainant Ram Suchit, came over Kharanja in front of Chaupal then all three accused persons appeared. Appellant Deo Kumar (since dead) was armed with a country made pistol, appellant Ghisiyawan was carrying an axe and appellant Deep Narain was bare handed. Appellant Deo Kumar told the complainant that his son had abused him and that he would kill him. Complainant Ram Suchit replied that in case his son had abused him then he may also abuse him. At that time, Rakesh Kumar was standing at his door and Sampati Lal and Nand Kishore, who were passing through the way, also stopped there after hearing altercation. Appellant Deep Narain exhorted that in case Devi Saran has abused them, he may be fired at. On this exhortation, Deo Kumar fired with his country made pistol on Devi Saran, which hit on his chest. When complainant Ram Suchit made an attempt to apprehend Deo Kumar then appellant Ghisiyawan gave a blow of axe to him which hit him on his left knee. Hearing the cries and noise of fire, Sampati Lal, Nand Kishore and several other persons reached there. Appellant Deo Kumar was trying to reload his country made pistol. When all persons rushed towards him then he ran away and all the accused persons made their good escape. Leaving the dead body on the place of occurrence, complainant Ram Suchit got the first information report of this case scribed by Shiv Shankar Verma and the same was lodged on the same day at 2140 hours at police station Bachhrawan, District Rae Bareli.;