Pratyush Kumar, J. - (1.) These appeals arise out of the same judgment and order dated 28.07.2006 passed in Sessions Trial No. 438 of 2000 [State v/s. Diwakar Shukla and others], they have been heard together and decided by a common order.
(2.) In the aforesaid appeals the appellants Diwakar Shukla, Mannar @ Dilip Kumar, Vijay Shankar and Vijay Shankar have been convicted and sentenced as under:
(3.) In these appeals facts of the prosecution case may be summarized as under: "That on 21st December, 1999 at 5.10 PM Bhawani Shankar, resident of village Etauli, P.S. Achalganj, District Unnao gave a written report at the police station stating therein that on that day at the culvert of the canal running on the north side of the village was being constructed and chakroad was being measured. Virendra Singh and Diwakar Shukla had some dispute regarding Nali, its measurement was also being made. At that time he, his son Ramu, grand son Pankaj and other villagers Bal Kishan, Pintu Tiwari, Uma Shankar Tiwari were grazing cattle, he had old enmity with Diwakar Shukla. At about 1.00 PM his son Ramu went to see the measurement at that Diwakar Shukla abused him, when his son asked not to do so, Diwakar Shukla exhorted "Maro Sale Ko" meantime Mannar @ Dilip Kumar son of Diwakar Shukla shot Ramu with his rifle. When they ran towards Ramu, Vijay Shankar with country made pistol, Rama Shankar with his licensed gun, Diwakar Shukla with his wives' gun started to fire on them, in the firing Pintu Tiwari sustained firearm injury in his right hand. Raising hue and cry, they withdrew meanwhile shots were fired by the assailants on them. When many villagers came running there, the accused persons had fled away towards the east. For saving the life of injured Ramu and Pintu Tiwari, he was bringing them to District Hospital, Unnao, on the way Ramu died, Pintu was hospitalized.";