Pratyush Kumar, J. - (1.) The instant criminal appeal, filed on behalf of the appellants, is directed against the judgment and order dated 23.11.2001 passed by IInd Additional Sessions Judge, Faizabad, in Sessions Trial No. 1033 of 1996 [State Vs. Teeju Verma and another] whereby the appellants were convicted under Sec. 302/34 IPC and sentenced to undergo life imprisonment.
(2.) In the present matter, facts of the prosecution case, may be summarized as under: That on 25.06.1996 at about 3.05 AM at police station Raje Sultanpur, District Ambedkar Nagar, Swami Nath Verma, resident of village Nijampur Ratigar handed over a written report to the effect that during the night his cousin Ram Uchhahal Verma was sleeping in his house, nearby his daughter Shailesh Kumari and wife were also sleeping, at about 2.00 AM co villagers Teeju Verma, Dwarika Verma, Harishyam Verma, Ashok Kumar and Firtu came near the cot of his cousin and Teeju Verma shot him while sleeping, when his cousin fell down from the cot. Teeju Verma, Dwarika Verma, Ashok Kumar and Firtu Verma caught hold of his brother on the ground and Harishayam Verma shot him from the country made pistol. His cousin had enmity with Teeju Verma due to election and with Harishyam Verma regarding Quota (Fair Price Shop). At the sound of fire Bhola Verma son of Dashrath Verma, Ram Adhar Verma and many persons came running there, at that the assailants made good their escape, they were identified in the light of burning lantern and flash light. He brought his cousin in an injured condition on Jeep, on the way his cousin had died.
(3.) On this, chik FIR was scribed, Case Crime No. 104 of 1996, under Ss. 147, 148, 149, 302 IPC was registered and requisite entry was made in the report of the general diary. Investigation was entrusted to Sri Haripal Singh, the then Station Officer, P.S. Raje Sultanpur, District Ambedkar Nagar, who after completing the investigation submitted the charge -sheet against all the named accused. The case was committed to the Court of Session, where the accused persons were charged. Teeju Verma and Harishyam Verma were charged under Ss. 148, 302/149 IPC and rest were charged under Ss. 147, 302/149 IPC. They denied the charges and claimed to be tried.;