Pratyush Kumar, J. - (1.) The instant criminal appeal filed on behalf of the accused -appellants is directed against the judgment and order dated 06.10.2005 passed by Sri S.P. Singh, Additional Sessions Judge Court No. 2, Hardoi in S.T. No. 181 of 2005 (State v/s. Suresh Yadav), under Ss. 302/34, 201 I.P.C. P.S -Harpalpur, District -Hardoi, whereby accused -appellants were convicted and sentenced as under: - - The appellant No. 1 (Suresh Yadav), to undergo imprisonment for life and fine of Rs. 2,000/ -, (in default of fine 1 year's rigorous imprisonment) under Sec. 302/34 I.P.C., 5 years' rigorous imprisonment and fine of Rs. 1000/ - (in default of 6 months' rigorous imprisonment) under Sec. 201 I.P.C. and 5 years' rigorous imprisonment and fine of Rs. 5,000/ - (in default of 3 months' rigorous imprisonment) under Sec. 25(1A) Arms Act; Appellant No. 2 (Raju Yadav), to undergo imprisonment for life and fine of Rs. 2,000/ -, (in default of fine 1 year's, rigorous imprisonment) under Sec. 302/34 I.P.C., 5 years' rigorous imprisonment and fine of Rs. 1000/ - (in default of 6 months' rigorous imprisonment) under Sec. 201 I.P.C. and 5 years' rigorous imprisonment and fine of Rs. 5,000/ - (in default of 3 months' rigorous imprisonment) under Sec. 25(1A) Arms Act. Appellant No. 3 (Ram Chand Yadav), imprisonment for life and fine of Rs. 2,000/ -, (in default of fine 1 year's rigorous imprisonment) under Sec. 302/34 I.P.C., 5 years' rigorous imprisonment and fine of Rs. 1000/ - (in default of 6 months' rigorous imprisonment) under Sec. 201 I.P.C.
(2.) In the present matter, the facts of the prosecution case may be summarized as under: - - That on 31st July, 2003 at 7 P.M., Smt. Siyawati, lodged a report, addressed to the Station Officer, Police Station -Harpalpur, District -Hardoi, stating therein that she was resident of village -Simariya, P.S Harpalpur. On that day her husband (Shobran) accompanied by her Jeth Bhajan Lal & Ram Bilash, Nephews Brij Mohan & Ajay Pal were coming back home after attending his case at Kachahri -Hardoi. When they reached in front of the house of Laxman at about 4:30 P.M., they were ambushed by Suresh, Raju and Ram Chand, who were armed with gun, country made pistol and Banka respectively. They surrounded her husband and fired on him by their gun and country made pistol. When he fell down, Ram Chand struck Banka on his head. At that time Suresh snatched Banka from Ram Chand and after cutting neck of her husband they ran away towards east. The incident was seen by her Jeth and nephews and due to fear they took shelter in the nearby houses. Due to indiscriminating firing, nearby shops and doors of houses were closed and passersby were stampeded. While departing from the scene of occurrence, to terrorize the assailants fired many shots. The dead body of her husband was lying on the spot, where it was raining heavily. Though been afraid, any how she had managed to come to the police station to report the matter. Father of assailant Suresh was murdered and her husband was an accused in that case, and for that reason they had taken the revenge.
(3.) At this, chik FIR was scribed, and case crime No. 135/03 under Ss. 302, 201, I.P.C. and 7 Criminal Law Amendment Act, was registered at the Police Station and requisite entry was made in the report of the general diary. Investigation was taken over by V.K. Mishra (P.W -6), the then station officer of the police station, who reached the spot at 10 P.M on that very date, and started inquest proceedings, which concluded at 8:30 A.M, on 1st August, 2003. The dead body was sent to the mortuary for the postmortem examination, spot was inspected, site plan was prepared, samples of blood stained earth and simple earth were taken and the bicycle of the deceased was also recovered from the spot. One empty cartridge of 315 bore, one empty cartridge of 12 bore were recovered, their recovery memo were also prepared.;