- (1.) THIS appeal has been preferred against the judgment and order of conviction and sentence dated 05.09.2006 passed by IInd Additional Sessions Judge, Kannauj in Sessions Trial No. 57 of 1992 (State Vs. Surya Narayan @ Shiv Narayan and others) in case crime no. 127 of 1990, sections 302 and 307 IPC, p.s. Tirwa, district Kannauj, by which appellants were convicted for the charges under section 302/34 and 307/34 IPC and each accused appellants were sentenced imprisonment for life for the charge under section 302/34 IPC and 7 years' rigorous imprisonment for offence under section 307 IPC.
(2.) SRI N.K. Singh, Advocate appeared on behalf of the appellant Suresh; Sri M.C. Joshi, Amicus Curiae appeared for remaining appellants, and Sri Mahendra Singh Yadav, AGA appeared on behalf of the State.
(3.) AFTER conclusion of the arguments in this appeal, the respondent/ prosecution -side filed documents regarding death of one appellant Munnu Lal @ Ram Sewak s/o Chhote Lal, therefore, appeal had abated for said appellant Munnu Lal @ Ram Sewak. The prosecution case in brief is that Ram Aasre s/o Beche Lal was murdered and his family members had suspicion in this regard on informant Sobaran Lal r/o Ratpurwa and his family members. On 22.06.1990 at about 06.45 p.m. complainant's brother Man Singh was returning home from the side of Tar (Toddy trees) alongwith Badam Singh and Nanhe Lal, at that time Sobaran Lal was attending the call of nature in near by filed. When Man Singh reached field of Jai Singh then Surya Narayan s/o Beche Lal, his brother -in -law Suresh s/o Dindayal (of Farrukhabad) Munnu and another brother -in -law Suresh s/o Sitaram (of Kanpur) reached there. Suresh s/o Sita Ram had country -made pistol in his hand and other three accused persons, namely, Suresh s/o Dindayal, Surya Narayan and Munnu had knives in their hands. Then Surya Naryan exhorted for the killing, and thereafter immediately accuseds had inflicted blows of knives on Man Singh who died instantly on the spot. Nanhey Lal who was accompanying Man Singh, had attempted to protect Man Singh then he was also injured by knife blows by accused persons. On alarm and noise, informant and other persons of village rushed on spot but accused persons had fled away towards south side of the village. Then informant Sobaran Lal left the dead body of his brother on spot and went to police station Tirwa and gave written report (Ex -Ka 1) there, on the basis of which case crime no. 127 of 1990 u/ss 302 and 307 IPC was registered against four accused persons at 09.45 p.m. It became night so inquest proceeding of deceased Man Singh took place in the morning of 23.06.1990 at 09:00 a.m. and inquest report (Ex -Ka 2) was prepared. Then dead body of Man Singh was sealed and sent with inquest report and other police papers for post -mortem. Dr. L.S. Tiwari conducted the post -mortem on 23.06.1990 at 2.45 p.m. During investigation S.I. Krishna Kumar Verma (I.O.) visited the spot and prepared the memorandum of recovery of several things found on spot on 23.06.1990. He prepared the memo of recovery regarding piece of amputated finger found on spot (Ex - Ka 6), memo of recovery of slippers (Ex - Ka 8), two cartridges 12 bore (Ex -Ka 9), blood stained and plane earth of spot (Ex -K 10). He had also prepared site plan and after completion of investigation, he submitted the charge -sheet against four accused persons named in the FIR.;