Pratyush Kumar, J. - (1.) These two appeals filed on behalf of the accused -appellants are directed against the judgment and orders dated 28th April, 2009 and 4th May, 2009, passed in Sessions Trial No. 766 of 1997 (State v/s. Sandeep alias Babua Tiwari and 4 others) whereby the appellants have been convicted under Ss. 147, 148, 302/149 I.P.C. and sentenced to undergo rigorous imprisonment of one year, two years and imprisonment for life and to pay fine of Rs. 10,000/ - each in default thereof to further undergo one year rigorous imprisonment respectively.
(2.) Facts of the prosecution case in the present appeals may be summarized as under: - - "That on 31st July, 1997, at 11.50 a.m. Ram Kumar Shukla gave a written report at police station Gola Gokuran Nath stating therein that day at 11.00 a.m., he reached his house from the college, there he was informed by his wife Rekha Shukla that (their son) Paritosh had gone out of the house on the call of Sahroj alias Bablu. 3 -4 boys were seen at Jahanpur turn. All the boys had taken Paritosh towards south. He might ensure they were not quarreling. He immediately proceeded and met by Kamlesh Kumar and Ajay Dixit on his way. After proceeding further, he had heard voice of his son calling for help from the side of agriculture farm. When he reached near the farm, he saw Sandeep @ Babua Tewari and Sanjay Singh @ Monu armed with country made pistols, Sahroj @ Bablu, Kaushal and Kallu armed with knives. Babua while waving his country made pistol had warned them, then he and Sanjay Singh shot their country made pistols on his son. His son fell down, thereafter Sahroj, Kaushal and Kallu stabbed his body with knives. The incident occurred at about 11.15 a.m., on their hue and cry, persons living thereby, due to fear, reached slowly at the spot. The assailants after murdering his son had fled away towards Kutwara jungle. Dead body of his son was lying near the agriculture field."
(3.) At this chik F.I.R. was scribed, Case Crime No. 356 of 1997 under Ss. 147, 148, 149, 302 I.P.C. was registered at the police station and S.S.I. Surendra Tripathi was entrusted with the investigation, who started the investigation and after its completion chargesheet was submitted against all the five named accused, out of which Kaushal was chargesheeted after getting him declared absconder. Rest four accused were charged by the Court of Session under Ss. 147, 148, 302/149 I.P.C. which they denied and claimed to be tried.;