Bhanwar Singh, Rajiv Sharma, JJ. - (1.) This appeal is directed against the verdict of conviction and sentence dated 29.11.2005, passed by the Additional Sessions Judge, Fast Track Court No. 1, Hardoi. All the accused appellants were convicted under Section 302, I.P.C. for having caused the death of Rajendra Prasad. Whereas Pratipal was alleged to be the main accused having shot Rajendra Prasad dead, the other two appellants were convicted with the aid of Section 34, I.P.C. All were convicted under Section 302, I.P.C. and sentenced to imprisonment for life and a fine of Rs. 5000/- each A default clause was also stipulated.
(2.) In short, the prosecution case, as unfolded at the trial, was as follows : The accused Pratipal indulged in a hot exchange of words with the informant Raja Ram's cousin Hari Bux Singh at 7.00 p.m. on 7.4.2003. On hearing the hue and cry, the informant's younger brother Rajendra Prasad came out of his house and intervened by asking Pratipal as to what was the matter and why the latter was so angry. Pratipal badly reacted to this query and intervention and therefore, warned Rajendra Prasad to get away, otherwise he would be taught a lesson. Rajendra Prasad also got provoked and then the two had a scuffle. However, the other persons present there came to the rescue of Rajendra Prasad and separated the two warrying neighbourers. It appears that Pratipal was not happy with the situation and he, therefore, stepped up to the roof top of his house where he was joined by the other appellants Balvant and Babu Ram. It was alleged further that all the three indulged in shooting spree. In the meantime, Rajendra Prasad ran for his life while entering his house but Pratipal fired a shot at him as a result of which, he died instantaneously. This occurrence was witnessed by the informant Raja Ram, his cousin Hari Bux Singh and villagers Ram Lai, Ram Murti and Ravi Charan. S.I. Vijay Bahadur Singh investigated this case. He prepared inquest report of the deceased and got the dead-body sent to the hospital where Dr. Chandra Kishore conducted autopsy. The Investigating Officer after completing all the formalities of the investigation submitted charge-sheet against the three accused appellants who were put on trial for murder of Rajendra Prasad. As said above, all of them were convicted and sentenced to imprisonment for life with a fine of Rs. 5,000/- each. In default of payment of fine, each appellant had to undergo one year's rigorous imprisonment.
(3.) Feeling aggrieved of the verdict of conviction and sentence, the three appellants have filed the present appeal.;