Pratyush Kumar, J. - (1.) Three accused persons convicted under Sec. 302 read with Sec. 34 and sentenced to undergo imprisonment for life by Sri M.S. Premi, IInd Additional Sessions Judge, Hardoi in Sessions Trial No. 12 of 1985 (State v/s. Surendra Singh and others) have preferred this appeal under Sec. 374 Cr.P.C. assailing the correctness of the judgment and order dated 31st August, 1985 passed in the said Sessions trial.
(2.) Facts giving rise to the present appeal are summarized as under: - - "On 7th August, 1984 at 7.50 p.m. Ram Dayal reported at police station Kotwali Dehat, Hardoi that on that day at 6.45 p.m. on account of previous enmity, accused persons were beating with lathis brother of the first informant Daya Ram, who was returning home after finishing his working in the field, in his hand he was holding a 'Khurpi'. At that time the first informant was coming home from village Harpalpur. On the cries of Daya Ram, he alongwith Ram Lal, Ram Pal and Nek Ram while warning the accused persons reached the spot, where his brother Daya Ram was lying on the field and Surendra Singh was showering 'Khurpi' blows on him. On their arrival at the spot, accused persons ran away to southern side. His brother had died. Leaving his family members and co -villagers with the dead body, he had directly come to lodge F.I.R."
(3.) Pursuant to this, Chik F.I.R. was scribed, Case Crime No. 163 of 1984 was registered, requisite entry was made in the general diary. Investigation was started, postmortem examination was conducted. After completion of investigation, chargesheet was submitted.;