- (1.) The above appeals have been preferred by the appellants who have convicted under Section 302/34 I.P.C. in S.T. No. 477 of 2996 and sentenced to undergo life imprisonment.
(2.) The prosecution version as contained in the judgment of the lower Court is that on 13.4.2006, deceased Lalta Prasad, the ex-Pradhan of the village, had gone on his cycle to another village for squeezing mustard and on account of delay in his arrival, the informant accompanied by his cousin Basant Lal left in search of his father and at about 7 p.m. he saw Ram Swarup, Badshah alias Dalchand, Chokhey ,and Pyare Lal hurling abuses at his father and at that time, Chokhey was said to be armed with gun, ram Swarup and Badshah armed with Banka and Pyare Lal was equipped with country made pistol. The deceased, according to prosecution case, screamed for help upon the aforesaid persons fired at his father and Badshah and Ram swarup assaulted him with Banka. The deceased slumped on the ground. The prosecution case further is that the aforesaid persons pursued the Informant and Basant Lal for some distance and thereafter, they hid themselves in the jungle and subsequently, made a detour to reach the village where they informed the family members and thereafter, after collecting co-villagers they proceeded towards the place of occurrence where the deceased was found lying dead on the ground.
(3.) It would transpire that in the course of trial, as many as 13 witnesses were examined out of whom Moti Ram was examined as P.W.1, Basant lal as P.W.2, Nand Ram as P.W.3, Dharam Pal Singh S.I. as P.W.4, Raja Ram Bhargava S.I. as P.W.5, Head Moharrir Banwari lal as P.W. 6, Constable Surajpal Singh as P.W. 7, Mishri Singh S.I. as P.W.8, Dr. M.P.Singh as P.W. 9, constable Narpat Singh as P.W. 10, H.C. Rohan Singh as P.W.11, Chandra Bhan S.I. as P.W. 12 and Rajesh Kumar Tiwari as P.W.13.;