ARVIND KUMAR MISHRA,J. - (1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 28.01.1995 passed by IV-Additional Sessions Judge, Etawah, in Sessions Trial No.300 of 1992 State Vs. Amar Singh and another, arising out of Case Crime No.232 of 1992 under Section 302 IPC, Police Station Ekdil, District Etawah, whereby accused-appellants Amar Singh and Hom Singh have been sentenced to life imprisonment under Section 302 IPC.
(2.) Heard Sri S.V. Singh, learned counsel for the appellant Amar Singh, and Amicus Curiea for the appellant Hom Singh, Sri A.N. Mulla assisted by Sri J.K. Upadhyay and Kumari Meena, learned AGAs for the State and perused the record of this appeal.
(3.) Facts discernible from record suggest that the first information report was lodged by the informant Ram Shanker @ Pappu son of Karan Singh, resident of Kasba and Police Station Ekdil, District Etawah, on 08.07.1992 at 2:45 p.m. against the present appellants for committing murder of his brother Hori Lal by giving him knife blows, with specific allegations that his brother (Hori Lal) had gone to village Aminabad from brick-kiln at Nagina by tractor for unloading bricks of Virendra Singh. Since agriculture field of the informant was also located in village Aminabad, he too accompanied his brother on the tractor in order to take stock of crops growing in the field. It was around 1:45 p.m., the informant's brother parked his tractor at the house of Virendra Singh and went for toilet at Abadi situate towards house of Parshuram. The informant was waiting on the tractor. As soon as his brother reached near house of Rambati, all of sudden, he heard shrieks of his brother, whereupon the informant along with Ram Sevak and a number of villagers arrived on the spot, when they saw Amar Singh and Hom Singh causing knife blow to his brother. On being challenged, the assailants made their escape good towards northern side. The informant's brother died on the spot. The dead body was lying on the spot. Some altercation had earlier taken place between family of the deceased and the accused persons and due to this, the accused persons were inimical towards the deceased. Request was made for lodging of the first information report and appropriate action. This report was scribed by Krishna Murari Sharma son of Data Ram Sharma and has been proved by Ram Shanker @ Pappu PW-1 as Ext. Ka-1.;