ARVIND KUMAR MISHRA-I, J. - (1.) Instant criminal appeal is directed against judgment, order and sustainability of conviction and sentence dated 19.7.1995 passed in Sessions Trial No.152/1995, arising out of Case Crime No.130 of 1994, under Sections 302, 302/34 IPC, Police Station, Amritpur, District Farrukhabad, whereby, both the appellants- Om Datta @ Babbal and Dharmendra Kumar @ Pappu- have been sentenced to imprisonment for life under Sections 302 and 302 read with Section 34 IPC, respectively.
(2.) Heard Sri G.S. Hajela, learned counsel for the appellant no.1, Sri Rahul Misra and Sri Raghuvansh Misra, learned counsel for the appellant no.2, Sri Awadhesh Narayan Mulla assisted by Sri J.K. Upadhyay, Km. Meena, Mrs. Manju Thathur, learned AGAs for the State and perused the record.
(3.) We gather from record that an F.I.R. was lodged by Chandra Prakash s/o Ram Ladaite Awasthi, r/o Amritpur, District- Farrukhabad at Police Station- Amritpur on 11.12.1994 at 9:30 p.m. regarding some incident, which took place on 11.12.1994 at 8:00 p.m. at village- Amritpur with allegations that informant- Chandra Prakash arranged marriage of daughter of his relation with Deshram s/o Shiv Ratan. Due to this marriage, informant's son- Ravendra Kumar @ Guddu (deceased) used to visit house of Deshram. This visitation was disliked by Shiv Ratan's son- Om Datta @ Babbal and Dharmendra Kumar @ Pappu. Due to aforesaid grudge, both Om Datta @ Babbal and Dharmendra Kumar @ Pappu appeared before the informant and his son (Ravendra Kumar @ Guddu) in front of house of Ram Sagar Mali around 8:00 P.M. on 11.12.1994, when they were returning home after purchasing some articles from the shop of Rikhiraj, Dharmendra Kumar @ Pappu caught Ravendra Kumar @ Guddu and said to him that he was warned many times not to visit his home, but he (deceased) did not heed to it, today he will see the consequence, and in the meanwhile, Om Datta @ Babbal, with intention to kill, fired on Ravendra Kumar @ Guddu with country-made gun, due to which he fell down. Informant raised alarm, when co-villagers Hari Chandra s/o Ramroop, Brahmanand s/o Puranlal and Kanhiya Lal s/o Laxmi Narain bearing torch in their hand arrived on the spot and witnessed the incident. The assailants made their escape good from the scene towards northern street after extending threat. Informant's son- Ravendra Kumar @ Guddu died on the spot and his dead body was lying over there. Request was made for lodging the report and taking appropriate action. Written report is Ex. Ka.1.;