Raghvendra Kumar, J. - (1.) Heard learned counsel for the appellants and learned A. G. A. for the State of U. P.
(2.) Under assail in this appeal is the judgment and order dated 27.1.2010, passed by the Ist Additional Sessions Judge, Gonda, in Sessions Trial No.193 of 1994 (State vs. Raj Kishore Pandey and others), under Section 302/34 I.P.C. arising out of Case Crime No.378 of 1993, P.S. Kotwali Nagar, District Gonda, whereby accused-appellants, Raj Kishore Pandey and Bhagwati Prasad alias Kokey have been convicted for the offence u/s 302/34 and sentenced to imprisonment for life with fine or Rs. 10,000/- each alongwith default stipulation. Being aggrieved by the aforesaid judgment, the instant appeal is before this Court. The accused Raj Kumar and Ram Sumiran are reported to have died during course of trial and consequently, the proceeding of sessions trial stood abated against them.
(3.) . Briefly stated that prosecution story is as follows :- The F.I.R. of the case has been lodged by Ganga Prasad Shukla resident of Firojpur Tarhar, P.S. Kotwali Dehat, District Gonda, presently residing at Uparhetan Purwa, P.S. Kotwali Nagar, District Gonda. Smt. Hansraji Devi wife of Ram Narain Pandey was issue less. The maternal uncle of the informant Ganga Prasad Shukla died way back that is why his aunt was keeping the informant with her. Other family members used to visit her. His parcener Ram Sumiran Pandey and his brother had litigation with respect to the land. Ram Sumiran Pandey and others had also tried earlier to made fatal assault in which she was saved. Today in the night, the informant, his brother Sant Prasad, Triveni Prasad resident of the same village were also sleeping there. The maternal aunt( Mausi) was sleeping in Thatch. The maternal Aunt( Mausi) had gone to the house of one Lalji Pandey and came back at about 1100 hrs in the night from there and slept in Thatch near the road. At about 1.00 a.m. the voice of maternal aunt was heard whereby we people reached to the spot and saw one Raj Kumar Pandey outside the thatch equipped with country made pistol and exhorted that if any one comes forward he would shoot him. In the meantime, Raj Kishore, Ram Sumiran and Koke dragged the maternal aunt outside the thatch, then Raj Kishore in quick succession hurled two country made bombs which exploded whereby huge noise was made and taking the advantage of the smoke the accused persons fled away from the seen hurling abuse and extending threat. So many people assembled there after hearing the sound and saw the accused persons running away from there. When the informant and others approached Smt. Hansraji Devi they found her dead. Out of fear the information could not be lodged with the police in the night. One Ram Naresh is inscribe of the F.I.R. The incident took place at about 1.00 a.m. in the night on 2/3 April, 1993. The F.I.R. of the incident was lodged with the police on 3.4.1993 at 6.40 a.m.;