VIJAY KUMAR VERMA,J - (1.) CHALLENGE in this government appeal is to the judgment and order dated 21.12.1981, passed by Sri K.K. Verma, the then 2nd Additional Sessions Judge Farrukhabad, in S.T. No. 287 of 1980, whereby the respon ­dents -accused Radhey Shyam, Sudama and Komil have been acquitted of the offence punishable under section 302 read with section 34 IPC in case Crime No. 101/80 of P.S. Kayamganj, District Farrukhabad.
(2.) RESPONDENT -accused Komil has died during pendency of the appeal. Hence, the appeal against him has been abated vide order dated 20.7.2005. The incident resulting in the death of Gaya Din occurred on 27.2.1980 at about 7.00 p.m. The case of the prosecution which emerges from the First Information Report (Ext Ka -3) and statement of complainant Mewa Ram (P.W. 1) S/o Khivraj, R/o vil ­lage Lalai P.S. Kayamganj, District Farruk ­habad in brief, is that the deceased Gaya Din was the son of complainant. The ac ­cused Sudama is the resident of village Bahora, while other two accused Radhey Shyam and Komil reside in village Lalai. On 27.2.1980 Gaya Din, Shyamlal (P.W. 2) and Sher Mohammad (P.W. 3) were com ­ing back to their houses from Kasba Kayamganj after making purchases. When at the time of sun -set at about 7.00 p.m., they reached near Naudha tree in northern side of village pond, the accused Radhey Shyam and Komil armed with country made tamancha and accused Sudama having lathi came out from arahar field. Radhey Shyam and Komil fired shots from tamancha on Gaya Din, due to which he sustained injury. At the same time Sudama assaulted him by lathi. Shyam Lal and Sher Mohammad raised noise, which attracted Rafiq (C.W. 1) and Haji Mulli (C.W. 2). The complainant Mewa Ram and other village people also rushed towards the place of occurrence on hearing hue and cry and when they challenged the accused -respondents, they fled away towards east ­ern side in arhar field. The complainant arranged bullock -cart and when Gaya Din in injured condition was being carried to police station, he succumbed to the injuries near railway station Kayamganj. Thereaf ­ter, his dead body was carried to P.S. Kayamganj, where the complainant handed over written report (Ext. Ka -1), which was scribed by Abdul Razak.
(3.) ON the basis of written report (Ext. Ka -1), the then Head Moharrir Chottey Lal Verma prepared chik FIR (Ext. Ka -3) and registered a case under section 302 IPC at Crime No. 101/80 on 27.2.1980 at 9.10 p.m. against Radhey Shyam, Sudama and Komil, entry of which was made in G.D. No. 38 vide Ext. Ka 4.;