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 the appeal is the judgment and order dated 25.8.1983, passed by Additional Session Judge, Saharanpur, in S.T. No. 386/82, whereby the accused appellant, Ram Singh has been convicted for the offence under section 302 I.P.C. and accused-appellants Piare, Kripa and Moti have been convicted for the offence under section 302/34 I.P.C.P.S. Biharigarh, District Saharanpur and all the accused-appellants have been sentenced to imprisonment for life.
(3.) Briefly stated the prosecution case is as follows: According to the prosecution, in the night of 17/18.4.1982, at about 2.00 hrs. the informant/complainant was sleeping in the house and his son Lakshmi Chand alongwith his wife and children was sleeping in the Varandah. The lantern was lighting. The accused-appellants, Ram Singh, Piare, Kirpa and Moti called Lakshmi Chand in a raised voice and made query about his father. Lakshmi Chand expressed ignorance. In the meantime, the informant, his son and his daughter-in-law woke up. As soon as, Lakshmi Chand stood after alighting from the cot, the accused-appellants Moti, Piare, Kirpa exhorted Ram Singh to kill him. At the same time, Ram Singh discharged a fire shot from his gun which hit the deceased Lakshmi Chand on the left side of the chest. After sustaining the fire arm injury, he fell down and died. The accused-appellant Moti was equipped with licenced gun. Accused Ram Singh has also been assigned fire arm. The accused-appellants, Kirpa and Piare were equipped with Lathi. On alarm, Kishan, Dharmpal and Rati Ram alongwith others approached towards the place of incident. They saw the accused-appellants running away. It was moon light. The lantern has been shown to be lighting in the Varandah. The F.I.R. was lodged with the police station on 18.4.1982 at 5.00 am.;