Surendra Vikram Singh Rathore, J. - (1.) Mr. Rajiv Mishra, Advocate, holding brief of Mrs. Sonia Mishra, learned counsel for the appellants and Mr. Sharad Dixit, learned Additional Government Advocate were heard at length.
(2.) Under Challenge in the instant criminal appeal is the judgment and order dated 01.12.2006 passed by learned Additional Sessions Judge/F.T.C. Court No. 1, Sitapur, in Session Trial Nos. 153 of 2005 and 809 of 2005, arising out of Case Crime Nos. 113 of 2004, under Sec. 302 read with 34 IPC, Police Station Tambour, District Sitapur whereby all the four appellants Sakatoo, Ganesh, Ram Sanehi and Bankey were convicted for the offence under Sec. 302 read with Sec. 34 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs. 10,000/ - with default stipulation of one year additional imprisonment.
(3.) In brief, the case of the prosecution as disclosed in the FIR which was lodged by the complainant Rakesh son of Mohan Lal (deceased of this case) at Police Station Tambour on 26.07.2004 at 7.10 a.m. alleging therein that in the preceding night he was sleeping in his house and his father was sleeping with his mother and his younger sisters in their separate house. In the night at about 1.00 a.m. he heard the cries of his father that the thieves have come in the house. Hearing the alarm raised by his father the complainant and the several persons of the village assembled there. Complainant inquired about his father then he told that because of some sound of rattling of "tatia" he got up thereafter all the persons went to their house. His mother lit the lantern and kept it. In the morning at about 3.00 a.m. the complainant heard the shrieks of his father and cries of his mother and sister. Hearing the said noise he alongwith his wife Maya Devi and Smt. Chhotkanni wife of Mahesh came out of his house and went towards the place of incident then they heard one more noise and the complainant ran into his house and saw in the torch light that the appellants Sakatoo, Ganesh and Bankey armed with bankas were giving blows of banka to his father and Ram Sanehi who was armed with a half barrel gun aimed his gun towards the complainant then his wife pulled his back and all the accused persons challenged that in case any person shall come close to them they he shall also be killed. On the alarm raised by the complainant and his wife several persons of the village armed with lathis and torches reached there and the accused persons hurling their weapons ran away in the northern direction. The complainant and the other persons went inside the house and saw that his father had sustained several injuries on his body and neck and there was also mark of fire arm injury on his father and due to injuries he died. Leaving the dead body on the place of occurrence the complainant got the FIR of this case scribed by Prem Chand son of Siyaram of his village and lodged the same at the police station.;