Pratyush Kumar, J. - (1.) The instant appeal filed by the accused -appellants is directed against the judgment and order dated 29.11.1982, passed by Sri K.C. Agrawal, the then IInd Additional Sessions Judge, Bahraich in ST No. 288 of 1980 (State Vs. Thenai and others), whereby they were convicted under Ss. 148, 302/149, 323/149 IPC and sentenced to undergo 1 -1/2 years' rigorous imprisonment, imprisonment for life and six months' rigorous imprisonment, respectively. All the sentences were directed to run concurrently. During the pendency of the appeal, appellant Suleman had died, appeal filed by him stood abated.
(2.) The prosecution case in the instant appeal, may be summarised as under: That on 19th May, 1980 at 7.15 A.M. Saleek Khan resident of Paharpurwa, P.S. Kaiserganj, District Bahraich handed a written report at P.S. Kaiserganj stating therein that his sister Rahmatul was married to Sabir Ali alias Baddoo brother of Thenai, who ousted his sister and brother -in -law from his house one month ago. His parents had kept them in their house, due to which Thenai started to bear enmity with them. For this reason on the previous night at about 2 A.M. Thenai, Suleman his father -in -law, Iliyas his brother -in -law and Atloo his uncle with four unknown persons armed with gun, country -made pistol, kanta, beroo and lathis came infront of the door of his house whereat his father Jeet Khan and brother Khaliq Khan were sleeping on separate cots. At that time he and his brother -in -law Sabir Ali were sleeping in ahata on eastern side of the house. His father raised an alarm. Whilst Thenai shot his father, he ran towards his father raising hue and cry, hearing that co -villagers Maqbool Khan, Daljeet Khan, Muneejar Khan, Mohammad Mohsin Khan and others reached there with lighted torches and his mother came out of the house. She was also beaten by the miscreants, who fired more shots on his father and departed from the scene of occurrence towards eastern side. Thenai, Atloo, Illiyas and Suleman were identified in the light of the torches and rest unknown by their faces. Thenai had gun, Iliyas had countrymade pistol, Atloo had Kanta, Suleman had beroo and others had lathi with them. His father was found dead on the cot.
(3.) At this chick FIR was scribed, Case Crime No. 112/80 under Ss. 147, 148, 149, 323 and 302 IPC was registered and requisite entry was made in the report of the general diary. Investigation was entrusted to Kailash Nath Pandey, Sub Inspector who investigated the crime and after his transfer charge sheet was submitted against the four named accused by sub -inspector Hem Narayan Singh. The case was committed to the Court of Session where against the appellants charges under Ss. 302/149, 323/149 and 148 IPC were framed who pleaded not guilty and claimed to be tried.;