Surendra Vikram Singh Rathore, J. - (1.) Mr. Dhananjay Kumar Singh, learned Amicus Curiae for the appellant and Ms. Ruhi Siddiqui, learned Additional Government Advocate were heard at length.
(2.) Under Challenge in the instant criminal appeal is the judgment and order dated 30.09.1995 passed by learned IIIrd Additional Sessions Judge, Sitapur, in Sessions Trial No. 78 of 1995, arising out of Case Crime No. 175 of 1994, Police Station Sidhauli, District Sitapur whereby all the appellants were convicted for the offence under Sec. 302 read with Sec. 34 IPC and were sentenced with imprisonment for life. However, by the same judgment co -accused Mool Chandra was acquitted of the charge levelled against him.
(3.) In brief, the case of the prosecution was that the complainant Sarvesh Kumar Gupta lodged an FIR at Police Station Sidhauli, District Sitapur on 26.07.1994 at about 8:30 a.m. alleging therein that Mool Chandra son of Gobrey Raidas of his village had constructed the house forcibly on the land of Jagrani wife of Sukai Raidas. Jagrani used to cultivate the said land which subsequently was claimed by Mool Chandra and Sohan and both of them used to interfere in the cultivation by Jagrani. Ram Pal (deceased) who was father of the complainant used to side Jagrani. Appellants Gopal and Lallan were helping the other side. This dispute led to the enmity between the deceased and the appellants. On the date of occurrence, the deceased who was Head Master in Primary School Baniyani was going on cycle and the complainant Sarvesh Kumar Gupta was going on another cycle behind him. At about 6:45 a.m. when the deceased Ram Pal and complainant Sarvesh Kumar Gupta reached a little ahead of the hut of Hanumanji then appellant Sohan Lal armed with countrymade gun Mool Chandra armed with Ballam, Gopal and Lallan armed with countrymade pistols came out of the field of Ram Prasad and surrounded the deceased Ram Pal. They all exhorted to eliminate Ram Pal. In the meantime, Sohan, Lallan and Gopal fired with their respective fire arms on Rampal who died instantaneously on the spot. The occurrence was witnessed by Ramendra, Kunwarpal, Jaskaran and Brahma. On the basis of this FIR, the case was registered and investigation proceeded.;