Pratyush Kumar, J. - (1.) The instant appeal, filed on behalf of the accused -appellants, is directed against the judgment and order dated 28.08.2004 passed by Additional Sessions Judge/F.T.C. IV, Lakhimpur Kheri in Sessions Trial No. 528 of 1992 [State v/s. Surendra and three others]under Ss. 396, 412 IPC and Sessions Trial No. 70 of 1996 [State v/s. Surendra] under Sec. 25 of the Arms Act, whereby the accused -appellants have been convicted and sentenced to undergo life imprisonment under Ss. 396, 412 IPC with fine of Rs. 10,000/ - and in default thereof two years' rigorous imprisonment. The appellant No. 1 Surendra has also been convicted and sentenced to undergo three years RI under Sec. 25 of the Arms Act with fine of Rs. 2,000/ - and in default thereof two months RI.
(2.) Heard Sri Rajiv Misra, Advocate holding brief of Ms. Soniya Mishra, learned counsel for the appellants, Sri Umesh Verma, learned Additional Government Advocate for the State -Respondent and perused the record.
(3.) In the appeal facts of the prosecution case relevant for the present purpose, may be summarized as under: "On 8th December, 1988 at 8.30 AM, Tej Pal Singh resident of Village Olarapur, P.S. Maigalganj, District Kheri gave a written report at the police station stating therein that yesterday he and his co -villager Ram Asarey Singh were bringing back sister of Ram Asarey Singh from her Sasural to her Mayke, a box containing jewellery and clothes of her was with him, when they reached near their village at about 7.30 PM 5 -6 miscreants armed with gun, country made pistol, Danda and Lathi appeared, when they came near to them, he turned on his flash light and saw them, they surrounded him and his two companions, they raised hue and cry which brought there Chhatrapal Singh, Krishna Pal Singh, Jogendra Pal Singh, Raj Kumar Singh, Dhan Pal Singh and others armed with weapons flashing their flash lights, they challenged the miscreants, who in the meantime took the box of Vindeshwari Devi @ Bitta from the carrier of his bicycle, when Ram Asarey Singh grappled with one of the miscreant, the other miscreant fired on him. While they were taking care of Ram Asarey Singh, the miscreants went away towards north carrying the looted box. Since miscreants were armed, they were not chased, Ram Asarey Singh was brought on a cot but he died. From their clothes and language miscreants appeared to be resident of nearby villages, their faces were identified in the flash light. The box contained wrist watch, jewellery and clothes of Vindeshwari Devi @ Bitta the sister of Ram Asarey Singh.";