- (1.) The instant appeal is directed against the judgment and order dated 20.5.1985 passed by the learned Sessions Judge, Moradabad in S.T. No. 35 of 1983 arising out of case Crime No. 210 of 1982, under Sections 302 and 307 I.P.C., police station Hayat Nagar, district Moradabad whereby the appellants have been convicted under Section 302 read with Section 34 I.P.C. to undergo sentence for life imprisonment and under Section 307 read with Section 34 I.P.C. to undergo rigorous imprisonment for five years. Both the sentences were directed to run concurrently. During the pendency of appeal the appellant no. 1 Ram Prasad and appellant no.2 Shiv Narain have died and the appeal against them stood abated by another Bench of this Court vide order dated 23.9.2014.
(2.) The prosecution case emanating from the first information report lodged by Nand Kishore (P. W. 1) on 25.9.1982 at 2.45 P.M. in respect of the incident occurred on the same day at about 1.15 P.M. against Ram Prasad son of Roop Chandra, Shiv Narain and Munna Lal both sons of Ram Prasad, Smt. Naraini wife of Ram Prasad. It has been stated in the first information report that the field of the complainant and accused Ram Prasad are adjoining situated in village Bhumawali. On 24.9.1982 on account of dispute of mound of his field some altercation took place between the father and mother of the complainant with the family of the accused persons, namely, Ram Prasad and Smt. Naraini. The dispute was compromised on the intervention of the local people. On 25.9.1982 in the morning the complainant's father Ram Chandra and his mother Somwati were taking out grass from the field and at about 1 - 1.15 P.M. when he along with his parents were working near the mound in the field, the accused Smt. Naraini wife of Ram Prasad started hurling abuses regarding the incident of the previous day and grappled with his mother Somwati and exhorted her sons and her husband Ram Prasad to kill them and instigated them to kill, at this Munna Lal and Shiv Narain who were armed with knife and Ram Prasad having darati rushed to the spot and Munna Lal stabbed her mother. As the complainant and his father Ram Chandra ran towards to save her, Ram Prasad assaulted the complainant with darati while Shiv Narain and Munna Lal had assaulted his father with knife. On raising alarm the complainant's brother Chiranji Lal, uncle Angan lal and sister Harnandi and Laxmi who were working in the nearby field at once rushed to the spot and thereafter all the accused persons took to their heals. The injured parents of the complainant ran a few paces towards house but they fell down and succumbed to the injuries. The complainant in an injured condition reached at his house. The report of the incident was written by Chiranji Lal (P.W. 2) on the dictation of the complainant stating therein that the dead body of his parents are lying in the field where several people of the locality are beside them, hence action be taken against the accused persons named in the first information report.
(3.) On the basis of the written report the first information report was lodged at 2.45 P.M. On 25.9.1982 at Police Station Hayat Nagar whereby a chick report was prepared by Nirbhay Shanker P.W. 6, which is exhibited as Exhibit Ka. 7 and the same was entered into the general diary vide Entry No. 13 Exhibit Ka. 8. The special report of the incident was dispatched to the concerned officer at 5.40 P.M. On registration of the first information report the police swung into action and the Station Officer In-charge of police station Hayat Nagar took up the investigation and sent the injured Nand Kishore for his medical examination through Head Constable 217 Raj Pal Singh.;