- (1.) Mr. Dileep Kumar Yadav, learned counsel for the appellants, and Mrs. Madhulika Yadav, learned AGA for the State, were heard at length.
(2.) Under challenge in the instant criminal appeal is the judgment and order dated 29.06.2004 passed by Additional Sessions Judge, Court No.4, Hardoi, in Sessions Trial No.576 of 2002 arising out of Case Crime No.33 of 2002, Police Station Lonar, District Hardoi and Sessions Trial No.577 of 2002 arising out of case Crime No.80 of 2002, Police Station Lonar, District Hardoi, whereby the appellants Shiv Kumar and Ram Kumar were convicted and sentenced as under:- Under Section 302/34 IPC - Imprisonment for life and fine of Rs.10,000/- each with default stipulation of one year's additional rigorous imprisonment. However, appellants Shiv Kumar and Ram Kumar were acquitted of the charges under Section 148 IPC and appellant Shiv Kumar was acquitted of the charges under Section 25 of the Arms Act. The other accused persons namely Shashivinder, Ranu and Arvind were acquitted of all the charges levelled against them.
(3.) It is a case of double murder. In brief, the case of the prosecution was that the complainant Wakeel son of Devi Deen lodged a first information report at Police Station Lonar, District Hardoi, on 29.01.2002 at 11.00 AM alleging therein that in the preceding night at about 12.30 AM his uncle Nandram was sleeping in the Chaupal along with Beerpal son of Jai Singh, his brother Bhura was sleeping in the house and by his side, his wife Guddi was also sleeping on the ground. There was light of Dhibri at both the places. In the midnight at about 12.30 AM, appellants Shiv Kumar and Ram Kumar along with acquitted accused persons armed with illegal weapons came there and caused death of Nandram by firing on him with country made pistols. By the time Beerpal could get up and make noise, the accused persons trespassed into his house and also caused the death of Bhura. Both the deceased persons died on the spot. The accused persons were seen by the complainant Beerpal and Smt. Guddi in the light of Dhibri and moon light. Due to fear the complainant could not go to lodge the first information report of this case in the night. It was alleged that accused-appellants Ram Kumar and Shiv Kumar were having a bad eye on Guddi, which was opposed by Nandram and Bhura and because of it both these persons along with their companions have caused this incident.;