Om Prakash -VII, J. - (1.) THIS criminal appeal has been preferred by the accused -appellants against the judgment and order dated 20.12.1982 passed by the IIIrd Additional District and Sessions Judge, Badaun in Session Trial No. 164 of 1982, State v. Shamshad alias Bhurey and others, convicting and sentencing the appellants for the offences punishable under Section 302/34, I.P.C. to undergo life imprisonment. At the outset, it is relevant to mention here that during pendency of this appeal, the appellant No. 1 -Shamshad alias Bhure has died. Accordingly, vide order dated 26.3.2015 this Court has abated the appeal in respect of the appellant No. 1 -Shamshad alias Bhurey.
(2.) NOW , we are proceeding to consider the present appeal in respect of rest of the appellants, i.e., Sajjad alias Ghungru and Karrar alias Qayoom. The facts of the case, as unfolded by the informant Mohd. Yusuf son of Aijaz Husain in the First Information Report (in short 'F.I.R.'), are that there was an old animosity between the informant Mohd. Yusuf and one Karrar and his brothers. On 29.10.1981 between 5 to 5.30 p.m. informant's younger brother Mohd. Mustafa and nephew Irfan were returning back home from their fields and when they were passing through their khandhar, accused Karrar alias Qayoom son of Mohd. Hasan and his brothers Shamshad alias Bhurey and Sajjad alias Ghungroo of the informant's village armed with tamanchas in their hands came out from the dilapidated kothri of the khandhar. They all began to make fire at Mohd. Mustafa, brother of the informant, out of which, one shot fired from their firearms by Shamshad alias Bhurey hit the wall. His brother fell -down in khandhar itself. On hue and cry, Raftar Husain son of Naushey Ali, Mukhtyar Husain son of Tahawwar Ali and Hashmat Ullah son of Salam Ulla and Mohd. Ajar (cousin of the informant) son of Mohd. Umar reached the spot, on the challenge, the accused fled from the spot. He further narrated that informant and others saw that his brother Mohd. Mustafa was lying dead. Due to fear, he could not go in the night to lodge the F.I.R. On the next morning, after leaving the family members and other villagers near the dead body, he proceeded to lodge the F.I.R.
(3.) ON the basis of the written report (Ext. Ka -3) scribed by one Intezar Ahmad, chik First Information Report (Ext. Ka -1) was registered at Police Station concerned on 30.10.1981 at 8.04 a.m. mentioning all the details as had been described in Ext. Ka -.3. G.D. entry was also made at the same time, which is Ext. Ka -2.;