Bharat Bhushan, J. - (1.) Appellants Karan Singh and Kallu @ Sarvesh have assailed common judgment and order dated 25.11.2004 passed by the Additional Sessions Judge (Fast Track Court No.1) Kanpur Dehat in Sessions Trial No.396 of 2002 (Karan Singh and another v. State of U.P.)arising out of Crime No.191 of 2002 under Sections 302, 377 and 506 IPC, and in Sessions Trial No.367 of 2003 (Karan Singh v. State of U.P.)arising out of Crime No.193 of 2002 under Section 25 Arms Act, P.S. Rasoolabad, District Kanpur Dehat whereby both appellants were convicted and sentenced to undergo rigorous imprisonment for ten years under Section 377 I.P.C. along with fine of Rs.2000/- with default stipulation, further convicted and sentenced to undergo life imprisonment under Section 302/34 I.P.C. along with fine of Rs.2000/- with default stipulation and further convicted and sentenced to undergo rigorous imprisonment for five years each under Section 506 I.P.C.
(2.) In addition to that appellant Karan Singh was also convicted and sentenced to undergo rigorous imprisonment for five years under Section 25 of Arms Act, arising out of Crime No. 193 of 2002 along with fine of Rs.1000/- with default stipulation. All the substantive sentences of each accused/appellant were ordered to run concurrently.
(3.) The prosecution story in brief is that marriage ceremony of one Pyarelal Gupta's daughter was being performed in the night of 16/17.6.2002 wherein a movie was being shown on video. A large number of village folks including informant Umesh Khan (P.W.1) had gathered for watching the movie. Informant Umesh Khan (P.W. 1) along with Prakash Singh (P.W.2) left the movie between 12 am and 1 am for returning home. As soon as they arrived near the room of appellant Karan Singh, they witnessed the throttling and strangulation of informant's 13 years old brother, deceased Dilshad. Appellant Karan Singh and Co-appellant Kallu @ Sarvesh were murdering Dilshad. The informant and his companions raised alarm whereupon appellant Karan Singh first brandished the pistol and threatened to kill them and then scampered away.;