ARVIND KUMAR MISHRA,J. - (1.) By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dated 05.07.2008 passed by the I-Additional Sessions Judge, Kannauj, in Sessions Trial No.296 of 2005 State Vs. Govind and others, arising out of Case Crime No.701 of 2005 under Section 302 IPC, Police Station Chhibaramau, District Kannauj, whereby accused-appellants Bhupendra Singh @ Bhupati and Raju have been sentenced to life imprisonment under Section 302 read with Section 34 IPC coupled with fine Rs.5000/- each and default stipulates additional imprisonment for one year.
(2.) Heard Sri Kusumayudh Krishna Singh and Sri Santosh Kumar Srivastava, learned counsel for the appellants, Sri Awadhesh Narain Mulla assisted by Kumari Meena, Mrs. Manju Thathur, learned AGAs for the State and perused the record of this appeal.
(3.) Prosecution story has its genesis in the first information report lodged by informant Shivendra Singh PW-1 at Police Station Chhibaramau on 02.09.2005 at 3:15 p.m. regarding the occurrence that took place the very same day around 12:00 noon wherein four accused persons including the present appellants committed murder of Devendra Singh - brother of the informant, with the allegations that it was around 12:00 noon on 02.09.2005, the informant along with his brother Devendra Singh and Narain Singh son of Ravindra Singh were going to the village Birayampur from village Jafarabad for watching their crops by bus and they alighted Birayampur culvert, in the meanwhile the four accused persons including the appellants followed them on two motorcycles and as they came close to the informant and his brother, they stopped motorcycles and began to abuse them. When the informant's brother asked them not to abuse then Govind Singh, Bhupendra Singh @ Bhupati and Raju fired with intention to kill his brother, due to which he sustained injuries and fell on the ground. On alarm being raised, all the four assailants waiving their weapons in their hand, fled away from the scene after threatening that next time they will see the informant. The written report discloses motive in form of enmity on account of landed property and further entails that the informant's brother Devendra Singh died on the spot. This incident was witnessed by various persons working in the field. Report be lodged and appropriate action be taken. This written report is Exhibit Ka-1.;