- (1.) The instant criminal appeal, filed on behalf of the accused-appellants, is directed against the judgment and order dated 24.11.1984 passed by the then Ist Additional Sessions Judge, Hardoi in S.T. No. 335 of 1983 thereby convicting and sentencing the appellants to undergo 2 years RI under Section 148 IPC and imprisonment for life under Sections 302/149 IPC.
(2.) In the present case, facts of the prosecution may be summarized as under: That on 07.03.1983 at 8.55 AM Shri Krishan, resident of Sadulipur gave a written report at P.S. Lonar mentioning therein that Jangi Singh, bore enmity with his brother Radhey Shyam on account of election, Sureshpal Singh and Nareshpal Singh were sons of Jangi Singh and other two Ram Babu and Jageshwar were his party men. That day at 7.00 AM his brother Radhey Shyam had gone to ease himself on the side of the road, at that time he was giving fodder to the animals and saw Jangi Singh and four others named above, came out of Chhappar of Siya Ram carrying firearms in their hands, when they headed towards Radhey Shyam, he guessed their intention that they would kill Radhey Shyam. He loudly warned Radhey Shyam to run from there, at his shout Urmila wife of Radhey Shyam, Guddi daughter of Radhey Shyam, Chandra Pal, Ram Lakhan, Ram Ratan, of the village and Brij Kishore, resident of Barsoiya, Shankar Singh, resident of Soneypur, who were passing through the road, came there. Radhey Shyam hearing his shout, stood up, all the five assailants reached near Radhey Shyam and fired on him, sustaining gun shot injuries Radhey Shyam fell in a pit nearby the road and died. The assailants departed from the scene of occurrence towards west. At this, chick FIR was scribed, Case Crime No. 40 of 1983 under Sections 147, 148, 149, 302 IPC was registered and requisite entry was made in the report of the general diary of the police. Investigation was taken over by Sri J.P. Singh Station Officer himself, who on conclusion of the investigation, submitted charge-sheet against all named accused persons. In the Court of Session, all the five accused were charged under Sections 148, 302/149 IPC to which they denied and claimed to be tried. In order to prove charges, besides documentary evidence, the prosecution examined six witnesses, thereafter, statements of all the accused persons were recorded, except appellant Jageshwar, relationship of deceased Radhey Shyam with the first informant, appellant Jangi Singh (since deceased) with Nareshpal Singh and Sureshpal Singh by other appellants were admitted. It was also admitted that before the occurrence, Jangi Singh was the pradhan of the village and fought election against Munshi Singh, who won the election. They also admitted pendency of the proceedings under Sections 107/116 CrPC. Rest of the facts stated by the witnesses were denied. They pleaded ignorance about the medical evidence and steps taken during the course of investigation. According to them, they were falsely implicated and witnesses had given their evidence on the pressure of Shri Krishan P.W.1. According to appellant Jangi Singh (since deceased) on that day, he had gone to Hardoi to take injection for dog bite, he had also denied the topography stated by Shri Krishan P.W.1. In the defence, documentary evidence was filed and three witnesses were examined.
(3.) The learned trial Judge after hearing the arguments found the prosecution case trustworthy and convicted all the five accused persons and sentenced them as above.;