SHAILENDRA KUMAR AGRAWAL,J. - (1.) This appeal has been preferred by accused/appellants Braham Kishore alias Ladeti, Lal Jee and Shiv Kishore against the judgment and order dated 25.11.2005 passed by the Additional Sessions Judge, Court No. 1, Etah in Sessions Trial No. 227 of 1999 (State v. Braham Kishore alias Ladeti and others) , arising out of crime No. 184 of 1998, under Sections 148 and 302/149 IPC, Police Station Patiyali, District Etah, whereby the appellants were convicted and sentenced under Section 302 read with Section 149 IPC for life imprisonment along with fine of Rs. 5000/each and under Section 148 IPC for two years' rigorous imprisonment with default stipulations.
(2.) The brief facts of the case are that a written report Ex. Ka-1 was lodged by the complainant Sharad Swarup Mishra (PW-1) at the police station Patiyali, District Etah that on 11.10.1998 he and Shashikant Mishra were sitting near Dr. Surendra Nath Mishra at his shop. Km. Ruchi d/o of Dr. Surendra Nath Mishra was also present there; petromax was burning in the shop and there was sufficient light of generator also outside the shop. At about 7.30 p.m., Braham Kishore @ Ladeti, Lal Jee and Shiv Kishore Mishra sons of Sushil Kumar Mishra and Sushil Kumar (died during trial), Har Narayan Mishra (acquitted by trial court) armed with country-made pistols came at the shop. Sushil Kumar hurled abuses at Dr. Surendra Nath Mishra by saying that at that moment Braham Kishore opened fire at Dr. Surendra Nath Mishra with an intention to kill him. Dr. Surendra Nath immediately alighted from the shop and started fleeing away, then Har Narayan Mishra, Lal Jee, Shiv Kishore and Braham Kishore standing on the road, fired upon Dr. Surendra Nath Mishra by their respective country-made pistols, due to which Dr. Surendra Nath Mishra died on the spot. Bharat Narayan, Shiv Narayan, Shyam Narayan, residents of Alaiyapur, P.S. Raaja-Ka-Rampur were also involved in this incident. All the accused persons brandishing pistols ran towards northern side leaving the dead body of Dr. Surendra Nath Mishra on the spot.
(3.) On the basis of written report Ex. Ka-1 of informant Sharad Swarup Mishra, Chik F.I.R. Ex. Ka-10 in case crime No. 184 of 1998, under Sections 147, 148, 149, 302 IPC was registered, which was entered in G.D. No. 35 time 20.15 o' clock dated 11.10.1998, which is Ex. Ka-11. The investigation was handed over to PW-4 Sri Gaya Prasad Diwakar, Inspector, C.B. C.I.D., who immediately reached at the spot, sealed the dead body of Dr. Surendra Nath Mishra and prepared its Panchayatnama in presence of Panch witnesses. Site plan paper No. 9A Ex. Ka-2, recovery memo of blood stained and plain earth Ex. Ka-3, inquest report Ex. Ka-4, recovery memo of petromax Ex. Ka-5, photo lash Ex. Ka-6, challan lash Ex. Ka-7 and letter to C.M.O. Ex. Ka-8 were prepared. Thereafter, the corpse of Dr. Surendra Nath Mishra was sent for postmortem through CP Narayan Singh and CP Harpal Singh. The investigation culminated into filing of the charge sheet Ex. Ka-9 against the accused Braham Kishore @ Ladeti, Lal Jee, Shiv Kishore and Sushil Kumar. Another charge sheet Ex. Ka-12 was separately submitted against accused Har Narayan as he was absconding.;