Abhai Kumar, J. - (1.) These appeals have been preferred against the judgment and order dated 16.7.2008 passed by Additional Sessions Judge/F.T.C. Court No. 2, Kaushambi in Session Trial No. 161 of 2006 (State Vs. Phul Singh and others) convicting and sentencing the appellants to undergo life imprisonment under Section 302/34 IPC and pay the fine of Rs. 50000/- each of the appellants and in default of payment of fine to further undergo six months rigorous imprisonment.
(2.) Brief facts of the case are as follows: Deceased Mohd. Haneef @ Gappu was pradhan of the village and was recently elected whereas Phoolchand Yadav was defeated in the election that is why he was keeping enmity with the deceased whereas Pappu and Munna are nephew and associates of Phoolchand. Due to the enmity on 8.1.2006 at about 3.45 in the day time when deceased Mohd. Haneef alongwith Shakeel Ahmad after supervising his work coming back upon a motorcycle and when they reached near a culvert, at the incident of spot, then Phoolchand threw a grenade upon the deceased Mohd. Haneef, causing his fall, then Phoolchand, Pappu Yadav and Munna Yadav, all the three persons having pistols in their hand fired at deceased from close range. At the time of incident informant was present in his wheat field alongwith his cousin Ishtiak Ahmad. Seeing the incident they raised alarm then accused persons fled away from the place of incident upon a motorcycle. Injured was taken to Sirathu Hospital, where he was referred to Medical College Allahabad and when they reached Medical College, deceased was declared brought dead. From medical college dead body was sent to mortuary for postmortem.
(3.) Complainant came back to the police station and got the FIR lodged. Although dead body was sent to mortuary in the evening but information regarding death of Mohd. Haneef was given to police chowki situated in the hospital on the next day in day time at 10.20 a.m. After that inquest was conducted and report was prepared, then postmortem of the dead body was also conducted. Meanwhile, investigation was initiated, site plan of the place of incident was made by the Investigating Officer. Motorcycle upon which deceased was riding at the time of incident was given in the custody of witness PW-4 Abrar Ahmad. After the investigation charge-sheet was submitted against all the three accused persons under Section 302/34 of IPC and charge-sheet was also submitted against Phoolchand under Section 25/27 Arms Act.;