(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 07.07.1995 passed by the Additional Sessions Judge, Lalitpur, in Sessions Trial No.93 of 1993 (State Vs. Ajuddi and others), arising out of case crime no.58 of 1991, under Sections 302/34 and 307/34 IPC, Police Station Banpur, District-Lalitpur, whereby both the accused appellants have been sentenced to life imprisonment and 10 years R.I., respectively. Both the sentences shall run concurrently.
(2.) Heard Sri G.S. Chaturvedi, Advocate assisted by Sri Prashant Vyas, Sri Somya Chaturvedi and Sri A.N. Mishra, learned counsels for the appellants, Sri A.N. Mulla, Sri Saghir Ahmad, Kumari Meena, learned AGAs and Smt. Manju Thakur and Sri Ravindra Manipal, brief holder for the State, Sri Viren Singh holding brief of Sri Premendra Singh, learned counsel for the complainant and perused the record of this appeal.
(3.) Facts engraved in the first information report reflects that informant Devi Singh s/o Munna Raja Thakur, R/o village Sunwaha, Police Station Banpur, District Lalitpur lodged written report at Police Station Banpur on 15.06.1991 at 10.10 P.M. against eight persons including the present appellants for causing death of Munna Raja with averments to the effect that the first informant Devi Singh s/o Munna Raja (deceased) along with Ram Raja, Munna Raja both sons of Pancham Singh Thakur and Raj Pal Singh s/o Hardeo Singh Thakur had gone to attend marriage party at the house of Narayan Singh Pradhan of Police Station Banpur and after attending the marriage party, they were returning back on their respective bicycles to their village Sunwaha around 8 P.M. on 15.6.1991. When they reached at Tilya Nala near a Mahua tree, then Hari Ram s/o Rattu Lodhi and Hoshiyar Singh s/o Janki Prasad Lodhi (appellants) exhorted to kill, and in the meanwhile, fired from countrymade gun on Munna Raja and Raj Pal and Jujhar Singh s/o Hardas Lodhi, Jalim s/o Parichat Lodhi, Ajuddi s/o Magan Lodhi, Jaggan son Janki Prasad Lodhi, Rajendra Singh s/o Raghuvir Singh Thakur and Bachhu s/o Jai Singh Lodhi, bearing axe and farsa, began to assault Munna Raja and Raj Pal. Informant Devi Singh and Ram Raja watched the incident from a distance of 100 meters in torchlight and they identified the assailants. Informant/complainant along with others raised alarm, whereupon, the assailants ensured their escape towards Tapran Mazra. Today (on the day of the incident), Tehsildar had come in the village for measuring lease (patta) land, due to which Hari Ram and other accused had grudge against the victim. Request was made for lodging the report and taking appropriate action. This written report is Exhibit Ka-1.