Prashant Kumar, J. - (1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 18.11.2005 passed by learned Additional Sessions Judge, Court No.1, Sitapur, in Sessions Trial No.197 of 2002 corresponding to Case Crime No.148 of 2001 of Police Station Thangaon, District Sitapur, whereby and whereunder all the appellants namely Jag Mohan, Bechan, Kunwarey, Vishambhar and Ram Gulam were convicted under Sections 148, 302 read with Section 149 and 404 read with Section 149 of the Indian Penal Code and sentenced to undergo imprisonment for life for committing an offence under Section 302/149 of the Indian Penal Code and further directed to pay a fine of Rs.20,000/- and in default of payment of fine further undergo imprisonment for two years. The appellants were further sentenced to undergo rigorous imprisonment for three years for committing an offence under Section 148 of the Indian Penal Code. The appellants were also sentenced to undergo rigorous imprisonment for three years for committing an offence under Section 404 read with Section 149 of the Indian Penal Code.
(2.) The case of the prosecution in short, as per the written statement of Dinesh Kumar Dixit (PW-1) that on 26.11.2001 his father namely Ram Bhushan Dixit (deceased) armed with his licensee gun, was returning alongwith Ramesh (deceased) on a motorcycle from village Kharpattupurwa after conducting panchayty (arbitration). It is further stated that on another motorcycle the informant and Jawahar (PW-3) were also coming behind both the deceased. It is stated that at about 5:00 p.m. in the evening when deceased persons reached in village Badanpurwa near the field of Harish Chandra, the appellants Jag Mohan and Bechan armed with gun and tamancha, Vishambhar, Ram Gulam and Kunwarey armed with Kanta and Banka came out of the Foos (straw) and fired on both the deceased namely Ram Bhushan Dixit and Ramesh, who after receiving injuries fell on the ground. It is further stated that after hearing the sound of fire when informant and his friend Jawahar looked, they saw that all the appellants were assaulting both the deceased with Kanta and Banka. It is further stated that thereafter the informant raised alarm, then Babu (PW-2) and others came at the place of occurrence and raised alarm, thereafter the appellants fled away. It is further stated that the appellants looted and took away the broken licensee gun, HMT Sona wrist watch and a cash of Rs.5,000/- from the father of informant.
(3.) It appears that on the basis of the aforesaid written report Case Crime No.148 of 2001 was instituted under Section 396 of the Indian Penal Code. It appears that in course of investigation, inquest reports of both the deceased were prepared and their dead bodies were sent for post mortem examination. It also appears that in course of investigation the Investigating Officer had seized blood stained earth as well as plain earth and other articles mentioned in Exhibits Ka-15 & 16 from the place of occurrence.;