Raghvendra Kumar, J. - (1.) Heard learned counsel for the appellant and the learned Additional Government Advocate for the State of U. P.
(2.) Under assail in this appeal is the judgment and order dated 15.5.1982 passed by the Vth Additional District & Sessions Judge, Hardoi in Sessions Trial No.761 of 1981 (State v. Naresh & Others) under Section 302 & 302/34 of the I. P. C. arising out of Case Crime No.140 of 1981, P. S. Pali, District-Hardoi whereby accused Naresh has been convicted for the offence u/s 302 of the I. P. C. and sentenced him to undergo imprisonment for life and a fine of Rs.1,000/- with default stipulation. Accused Shankar and Sripal have also been convicted for the offence u/s 302/34 of the I. P. C. and they have been sentenced to undergo imprisonment for life and fine of Rs.1000/each along with default stipulation. Being aggrieved by the aforesaid judgment and order, the instant appeal is before this Court.
(3.) Accused-Appellants Shankar and Sripal have died and the appeal filed on their behalf (Crl. Appeal No.408 of 1982) stood dismissed as abated vide order dated 25.11.2016 and 3.8.2017 respectively. 3. The prosecution case as discernible from the FIR is as follows :- On 10.7.1981 after sunrise accused Naresh took deceased Vikram for the purpose of sowing peanuts. When Naresh along with deceased reached near the house of one Jailal Raidas at that time the sun had risen, Shariful and Jamirul came there and they asked the informant's son Vikram to accompany for the purpose of sowing peanuts. There was some altercation on this issue. Hearing the noise his other son Thakuri along with co-villager Sohan, Vijay, Yakub, Shankar and Sripal came there. Naresh and Shariful, Jamirul were talking about taking the deceased at their respective places for sowing peanuts . The informant suggested to Naresh that let Shariful to take his son with him and he would arrange another person for him. Shankar and Sripal exhorted Naresh and Naresh went on the roof of the house taking out a country made pistol and in the meantime Naresh after aiming at Vikram discharged a shot upon him which hit him in the front part of the chest, as a result of which he fell down and died subsequently. The informant was involved in saving his son in the meantime Naresh came down and escaped along with Sripal and Shankar. The FIR of the incident was lodged with the police on 10.7.1981 at 7.20 pm with respect to the incident dated 10.7.1981 just after the sunrise.;