ARVIND K.TRIPATHI, J. - (1.) The present Criminal Appeal has been preferred on behalf of nine appellants against the judgment and order of conviction dated 9.12.2004 passed by First Additional Sessions Judge (Fast Track Court No.11), Chitrakoot in S.T.No.107 of 2003, arising out of Case Crime No.22/2003 under sections 147, 148, 149, 302 I.P.C. PS. Pahari, District Chitrakoot convicting and sentencing the appellant Pherum under section 147 for a period of one year R.I., under section 148 I.P.C. for two years' R.I. and under section 302 I.P.C. for life imprisonment and fine of Rs.1000/ -, in default of payment of fine six months additional imprisonment convicting and sentencing the other appellants under section 147 for a period of one years' R.I. and under section 148 I.P.C. two years' R.I. and under section 302/149 I.P.C. life imprisonment and fine of Rs.1000/ - each. In default six months' additional imprisonment with further direction that the sentences would run concurrently. Shri I.K.Chaturvedi and Shri Sushil Kumar Dwivedi, learned counsel appearing on behalf of the appellants and Shri A.N.Mulla learned A.G.A. appeared on behalf of the State.
(2.) We have heard learned counsel for the appellants on 19.1.2016 and on 22.1.2016 and the judgment was reserved.
(3.) The report was lodged and registered on 17.3.2003 at 9.45 P.M. on the written report submitted by the applicant Gauri Shanker which was written by the scribe Ved Prakash r/o Pahari, District Chitrakoot. According to First Information Report, on 17.3.2003 at about 9.00 A.M. accused appellant Raj Kumar started digging for construction of wall to close the passage used by the complainant and others. When the objection was raised by the informant and his brother, Shiv Pujan who asked to stop closing passage, then Raj Kumar started abusing and at the same time appellant Pheram armed with rifle and Ram Murat having double barrel gun, Murat Dhwaj with lathi, Bindeshwari having rifle came out from their houses abusing with premeditating and started assaulting. In the meantime accused Raj Kumar exhorted to kill, on which the accused appellant Pheram shot fire with his rifle at his brother Shiv Pujan, the brother of the informant causing injuries and his brother Shiv Pujan fell down. Ram Murat and Bindeshwari also fired with their gun. After hearing shouts of his elder brother, Ram Abhilash and uncle Hanuman and Vidya Sagar reached there, they were also assaulted. The incident was witnessed by other villagers and family members. The body of Shiv Pujan was taken to the Government Hospital, Pahari which was lying there and leaving the dead body he went to lodge the First Information Report. Request was made to register the report and to take appropriate legal action. It was further written that the accused appellants after the incident went to their houses and out of them, even Bindeshwari was resident of village Bachran and Manoj was the resident of Parsola. On that written report the First Information Report was registered under sections 147, 148, 149 and 302 I.P.C. at Police Station Pahari, District Chitrakoot.;