- (1.) MR . Sanjeev Kumar Trivedi appeared on behalf of the appellant Rajendra. Mr. Neeraj Srivastava and Mr. V.S.Singh appeared on behalf of the appellant Chunni Lal. Mr. Ravindra Sharma holding brief of Mr. V.S.Singh appeared on behalf of the appellant Chunni Lal. Mr. Chandra Jeet Yadav, learned AGA and Mr. Hari Krishna Mishra, Brief Holder appeared on behalf of the State.
(2.) THE present criminal appeals have been preferred against the judgment and order of conviction dated 26.2.2014 passed by Additional District and Session Judge, Room No. 2, Kannauj under section 302/34 IPC arising out of Case Crime No. 151/1989, S.T. No. 179/1992, P.S. Gursahaiganj, District Kannauj convicting and sentencing the appellants for life imprisonment with fine for a sum of Rs. 25,000/ - each and in default of payment of fine further imprisonment of six months each.
(3.) THE F.I.R. was lodged against Chunni Lal and three unknown persons by informant Janki Prasad brother of deceased Ram Sanehi, resident of Gauriyapur, P.S. Gursahaiganj. The fact in brief is that Janki Prasad lodged F.I.R. on 1.5.1989 at 7.20 A.M. at P.S. Gursahaiganj with the averment that his younger brother Ram Sanehi (deceased) was married three years ago with Smt. Dhandevi, daughter of Durga Prasad, resident of Karpiya, P.S. Ghevar and since then she was living along with his brother. First marriage of Smt. Dhandevi was performed with accused -appellant Chunni Lal son of Sone Lal, 12 years ago before the incident and there was one female child from their wedlock. Chunni Lal left Dhandevi and married with another lady and for about one and half years Smt. Dhandevi lived along with her parent. Thereafter, she was married with Ram Sanehi and due to that marriage, Chunni Lal was annoyed with Ram Sanehi. After one month of marriage, he send some miscreants to kill deceased Ram Sanehi. They caughthold Ram Sanehi at pumping set, however, since Ram Sanehi was known to them and as such they did not kill and informed that they were sent by Chunni Lal for committing his murder. Sister of Chunni Lal was married with Munnu Kahar resident of the same village who was neighbour of informant, hence, Chunni Lal was visiting there. Two days before the incident, Chunni Lal visited house of her sister. He stayed there in the night and returned day before the incident. He has no talking term with the family of informant. In the night of 30th April/1st May 1989 at about 12 in the mid -night, he heard a fire from the house of Ram Sanehi and Smt. Dhandevi also raised alarm. While she came out from the house, in the meantime, there were continuously four fires at the residence of Ram Sanehi. After hearing the cry and fires, he along with his brothers Kashiram, Rajesh Kumar, Nanhe Lal and others reached there with torch. Out of them Sevaram @ Chhote Lal challenged the miscreants. Informant and others saw Chunni Lal and one another persons who were armed with countrymade pistol and two others were armed with saria. They came out from the house of Ram Sanehi and ran away towards west. They chased and tried to caughthold them, however, since Chunni Lal fired towards them and as such due to fear, they could not chase them. They returned and saw that Ram Sanehi was lying dead in the courtyard. There was light of 'Deepak' in the house and they saw the incident in the light of 'Deepak' and torch. In the night due to fear, they did not go to the police station for lodging of the F.I.R. Thereafter, in the morning, F.I.R. was lodged which was written by Pradhan Shashi Kumar Pathak.;