Pratyush Kumar, J. - (1.) These two appeals, filed by accused appellants, are directed against the judgment and orders dated 29.2.2008 passed by Sri Santosh Kumar Pandey, Additional Sessions Judge, Court No. 6, Unnao in Sessions Trial Nos. 530 of 2006 (State v/s. Vijay Shankar) and 17/07 (State v/s. Karuna Shankar) whereby, the appellants have been convicted under Sec. 302 read with Sec. 34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/ - in default thereof to further undergo imprisonment of three years.
(2.) Since both the appeals arise out of the same judgment and order and they are disposed of by a common judgment.
(3.) In the present appeals case of the prosecution may be summarized as under: - - "That on 18th September, 1993 at 10 P.M. Umesh Kumar resident of village Gadorava, P.S. Purwa, District Unnao gave a written report stating therein that on that day at 8.30 P.M. he along with his family was viewing television in the outer room, his younger brother Bablu alias Satish Kumar left the room to give fodder to the cattle, at his shout he and his bhanja Pradeep Kumar and brother -in -law Ram Krishna came out of the room and after turning on the flash light saw, Karuna Shankar armed with country made pistol and Vijay Shankar armed with gun, had caught hold of Bablu and they were dragging him. When they warned them Karuna Shankar shot his country made pistol in the chest of his brother and the assailants made good their escape towards west. Being unarmed, due to fear, they could not chase the appellants. His brother sustained gun shot injury and had died, his dead body was lying on the door. After writing the report necessary action be taken." At this, chick FIR was scribed, Case Crime No. 296 of 1993 under Sec. 302 IPC was registered, requisite entry was made in the report of the general diary, investigation was taken over by Sundar Lal Maurya, S.H.O. Police station Purva who recorded the statement of Umesh Kumar, reached the spot and examined Pradeep Kumar and Ram Krishna. Due to paucity of light inquest could not be held on that night. In the morning of 19th September, 1993 inquest proceedings were held, the dead body was sent to mortuary, spot was inspected. One empty cartridge 12 bore, one dot of rubber were recovered from the spot, samples of blood stained and simple earth were taken. Flash light was inspected. Both the accused absconded. After executing process under Sec. 82/83 Cr.P.C. against them charge sheet was submitted. First, accused Vijay Shankar surrendered before the court. His case was committed to the Court of Session and registered at sessions trial No. 530 of 2006 (State v/s. Vijay Shankar), thereafter Karuna Shankar was arrested and produced before the court. His case was separately committed to the Court of Session, where it was registered at S.T. No. 17 of 2007. Both were separately charged. Vijay Shankar under Sec. 302/34 IPC and Karuna Shankar under Sec. 302 IPC. They both pleaded not guilty and claimed to be tried. They were tried together.;