Anil Kumar Srivastava, J. - (1.) Instant appeals have arisen out of judgment and order dated 30.8.2010 passed by learned Additional Sessions Judge, FTC-IV, Lakhimpur Kheri in Sessions Trial No.222 of 2000 arising out of Crime No.345 of 1999, Police Station Isha Nagar, District-Kheri whereby the learned trial court has convicted the accused-Suggi Singh and Jas Karan Singh under Section 302/34 IPC and sentenced to imprisonment for life, under Section 307/34 IPC and sentenced to rigorous imprisonment for five years and fine of Rs.5000/-each- with default stipulation of six months' imprisonment. Accused- Suggi Singh and Jas Karan Singh were acquitted under Section 504/34 and 506/34 IPC. Co-accused Anup Singh and Kanhaiya Singh were acquitted under Sections 302/34, 307/34, 504/34 and 506/34 IPC. No appeal against their acquittal is preferred by the State.
(2.) According to the prosecution version, Kallu Singh P.W.1, lodged a written report on 12.11.1999 at 18.45 hours at Police Station, Isha Nagar, District Kheri at case Crime No.345 of 1999, stating that on 12.11.1999 his younger brother, Tahsildar Singh, nephew Bhanu Singh son of Hari Shan Singh had gone to cut fodder in the field. At about 5.00 p.m. accused- Suggi Singh, Jay Karan Singh, Anup Singh son of Malkhe Singh, Kanhaiya Singh son of Anup Singh armed with rifle and 'Lathi' came and asked them that they should not cut fodder. When Tahsildar Singh told that his father Gajraj Singh has taken the land in mortgage 17 years back in Rs.90,000/ and was in possession then Anup Singh said that Gajraj Singh has executed the sale-deed in their favour a year back. All the accused abused them. Jas Karan Singh and Suggi Singh fired by gun which hit Tahsildar Singh and Bhanu Singh. On hearing the noise, complainant-Kallu, his father Raja Ram Singh, brother Brijbux Singh, Balram Singh and Gowardhan Singh reached at the spot. Suggi Singh fired upon Raja Ram Singh father of the complainant which hit him. He succumbed to the injury at the spot. Accused ran away from the spot. Complainant lodged the first information report at Police Station Isha Nagar which was registered under Sections 302, 307, 504, 506 IPC. Investigation was handed over to the investigating officer. S.I. M.L. Pal, who conducted the inquest proceedings on 13.11.1999 at 8.00 AM which was concluded at 9.30 AM. Dead body was sealed and sent for postmortem which was conducted on 13.11.1999 at 4.10 p.m.
(3.) Medico-Legal examination of injured Bhanu was conducted on 12.11.1999 at 9.00 p.m. while, the medico-legal examination of Tahsildar Singh was conducted on 12.11.1999 at 9.30 p.m. at District Hospital, Lakhimpur Kheri.;