- (1.) This Criminal Appeal has been preferred by the appellants Raja Ram and Ram Bahor against the judgment and order dated 8.12.1982 passed by the VIIth Additional Sessions Judge, Allahabad in S.T. No. 139 of 1982 (State Vs. Raja Ram and another) under Section 302 I.P.C., Police Station Koraon, district Allahabad whereby the appellants Raja Ram and Ram Bahor have been convicted and sentenced for an offence under Section 302 IPC to undergo imprisonment for life.
(2.) Prosecution story in nut shell is as follows :
(3.) Written report dated 29.1.1982 Ex. Ka-2 was submitted by informant Vijay Shankar at Police Station Koraon mentioning therein that on 29.1.1982 at about 5 P.M. his father Badri Prasad (deceased) son of Shitla Deen and his brother Daya Shankar (P.W.-1) after removing the rain water from their 45 bighas field were returning back home. His brother Daya Shankar was behind him. As soon as Badri Prasad reached canal patri after crossing canal the accused who were hidden there came out and started firing with their guns and country made pistol from west side. On seeing that Badri Prasad fell down, Daya Shankar rushed up shouting. At the same time, witnesses Lalta Prasad and Puroshottam Tiwari, who were working in their fields, also rushed up to the scene and reached there. On the alarm of the witnesses, accused fled away towards the canal patri. A bag containing hand grenades and an empty cartridge were found lying on the spot. When witnesses and the informant's brother reached near the deceased they found him dead. Apart from the witnesses, other persons also reached there and saw the incident and identified the accused persons. Dead body was lying on the spot. There was some enmity between the deceased and the accused regarding help extended to Mst. Durghatiya and for this reason they had murdered his father.;