K.S.RAKHRA, J. - (1.) THESE are two con ­nected criminal appeals under section 374 (2), Cr.P.C. against the judgment and order 6.10.1983 passed by III Additional Sessions Judge, Hamirpur in Sessions Trial No. 101 of 1980 whereby the appellant Bachcha alias Sidha Gopal has been sentenced to life imprisonment for committing the offence under section 302 IPC and appellants Panna Lal and Shyam Lal have been simi ­larly sentenced to imprisonment for life for committing offence under section 302 read with section 34 IPC.
(2.) THE incident relates to murder of Babu Lal son of Brij Lal resident of Pathan -pura within circle of police station Rath district Hamirpur. The deceased was a goldsmith. The appellant Bachcha alias Sidha Gopal and Panna Lal are sons of ap ­pellant Shyam Lal. They are also goldsmith of same mohalla. It is said that about six months prior to this murder, the appellant Panna Lal after consuming liquor hurled abuses on the wife of the deceased. The deceased had gone to the house of the ap ­pellants in order to show his resentment and make a complaint. On the next morn ­ing the appellants accompanied by Lok Nath went to the house of deceased with fire -arm. Bachcha who was carrying a rifle had at that time given threat to eliminate the deceased and his younger son. In this connection a report Ex. ka -11 was lodged by the deceased against the appellant un ­der sections 323, 504 and 506, IPC. It was further alleged that in connection with business rivalry too, the relations between the deceased and the appellants were strained. According to the prosecution on 3.11.1979 at about 10 a.m. in mohalla Pathanpura of township Rath district Hamirpur the deceased and his son P.W.3 Ramesh Chand were going on foot towards their shop to open it. Ramesh Chand was walking few paces ahead of the deceased. As soon as they reached near the consolidation office, the three appellants came from behind. Bachcha was carrying a gun while Parma Lal and Shyam Lal were armed with lathi. Shyam Lal exhorted Bachcha by saying "MAARO SALE KO JAANE NA PA WE". On this the appellant Bachcha opened one after the other, two fires on the deceased Babu Lal who fell down to the ground and died. His son Ramesh Chand who has subsequently lodged FIR Ex.ka -12 ran away, lie along with Baladin, Kachauri Lal, Mohan Dhi -mar, Murlidhar Sonar and Rameshwar (brother of deceased) had seen the occur ­rence. The report of the incident was lodged by Ramesh Chand P.W.3 and was registered at crime No. 177 under section 302 IPC of police station Rath. The investigation of the crime was originally taken over by Sri Kedar Nath Sharma P.W.6 but it was subsequently taken over by Sri Kripal Kuril P.W.12 with effect from 4.11.1979. The first Investigating Officer visited the place of occurrence, held inquest of the dead body found on the spot and after due formalities sent it for autopsy. He also prepared site plan and collected sample of blood stained and plain earth, shoes of the deceased and his clothes and prepared memo of the recovery. He also recorded the statements of first informant and of some other witnesses. He spent about 5 hours on the spot. The second Investigating Officer Sri Kripal Kuril recorded the statement of other witnesses on 4.11.1979 and also found that one Nand Kishore who was not named as eye -witness in the FIR had also seen the occurrence and he recorded his statement too.
(3.) THE prosecution further claimed that S.I. Sri Mohd. Rafat Kamal was also posted at police station Rath at that time. Though he was not the Investigating Offi ­cer yet he had also visited the place of oc ­currence along with two constables and the purpose of his visit has been to console the members of bereaved family and also to collect relevant information as to the whereabouts of the accused persons. In the course of this exercise he had visited the house of the deceased and met witnesses Murlidhar P.W.4 and younger son of the deceased Santosh Kumar P.W.8. He talked to them and then he made assessment of the things at the place of occurrence. It is claimed that he noticed an empty shell of cartridge lying in a drain. In the presence of the witnesses he collected the same and prepared memo Ex. ka -2 thereof. This hap ­pened on 3.11.1979 itself. On 5.11.1979 S.I. Mohd. Rafat Kamal of P.S. Rath was at Hamirpur in connection with some other official business where he happened to meet constable Mahraj and Lallu of P.S. Rath who were there collecting clue of ac ­cused persons. After meeting them he also stayed at Hamirpur on 5.11.1979 and on 6.11.1979 on the basis of information col ­lected, he arrested appellant Bachcha alias Sidha Gopal from Ghat Pateshwar on the bank of river Jamuna at about 8 a.m. and recovered his licensed rifle and five live cartridges from him. Since this rifle was suspected to have been used in the com ­mission of crime it was taken into possession. Accused Bachcha alias Sidha Gopal along with rifle and cartridges was brought to the police station Rath and recovered articles were deposited there while accused was lodged in the lock -up.;