- (1.) The present criminal appeal is directed against the judgement and order dated 21.12.1982 passed by learned Sessions Judge, Farrukhabad in Sessions Trial No.136 of 1982 pertaining to Case Crime No. 15 of 1981 whereby the appellant was convicted and sentenced under Sections 302 Indian Penal Code (herein after referred to as I.P.C.) to suffer rigorous imprisonment for life. The trial Court after scanning the evidence and material on record had acquitted the co-accused Sokhay Lal for the charge under Section 302/34 I.P.C. but there is no appeal against acquittal.
(2.) The prosecution story in nutshell is as follows:- A written report dtd. 09.01.1981 was sent by the informant Ramdas Verma through Deshraj to the concerned Station House Officer (here in after referred to as the S.H.O.) mentioning therein that he is the resident of village Tilakiya, Mauja-chabarapur, Makdoompur. In front of the house of the informant, there is a house belonging to Rameshwar Dayla Lodhi. Kalawati is the first wife of Rameshwar Dayal to whom no child was born out of their wed lock. Thereafter with the consent of his first wife Kalawati, the deceased Rameshwar Dayal Lodhi managed to keep Smt.Kamla, the younger sister of Smt. Kalawati, as his second wife for about 6-7 months. It is also mentioned in the written report that Smt. Kamla had already married with accused-Attar Singh 2-3 years back. Accused-Attar Singh had come two or three times to take back Smt. Kamla but Rameshwar Dayal Lodhi did not permit her to go with Accued-Attar Singh. Smt. Kamla was also not willing to go with accused-Attar-Singh. Rameshwar Dayal Lodhi had to transport his potato to Kanpur, therefore he was taking meal at about sunset hour and Smt. Kamla was cooking bread for him. At the same time, accused Attar-Singh armed with single barrel gun (SBBL gun) and his companions armed with country made guns came from the western side and straightway gone to the roof of Rameshwar Dayal Lodhi and opened fire . Hearing the sound of four fires, the Informant, Deshraj, Kalawati, Kedar, Virendra Singh, Prabhu Dayal and Ram Bax challenged them then accused-Attar Singh with his companion came down and told that "TUM LOG MERE KAREEB MAT AAO MAIN KAMLA APNI AURAT KO LENE AAYA THA AUR RAMESHWAR DAYAL AUR KAMLA KO GOLI SE MARKAR JA RAHA HOON GAON BALE SE KOI MATLAB NAHIN HAI AUR PASCHIM KO TEJEE SE CHALE GAYE."
(3.) Due to fear, witnesses present there did not try to overpower them. When accused persons went on, they went on the roof and found the dead bodies of the deceased, namely, Rameshwar Dayal Lodhi and Smt. Kamla lying on the roof in pool of blood. Their skulls were found badly broken (fractured). The copious blood was also found there. It has also been mentioned that the first information report (herein after referred to as the F.I.R.) is being sent through Deshraj and informant can recognize the accused persons if they appear before him.;