- (1.) A. N. Gupta, J. Balak Ram, Ram Kishan Awasthi and Onkar Nath alias Guddu have preferred this appeal against the judgment and order dated 19-6-1996/20-6-1996 of Sri Jagdish Prasad, Spe cial/additional Sessions Judge, Kheri convicting and sentencing appellant Balak Ram under Section 302, IPC to imprison ment for life and appellants Ram Krishna and Onkar Nath alias Guddu under Sec tion 302/34, IPC to imprisonment for life.
(2.) THE prosecution case is that on 8-2-1993 informant Brii Nandan son of Jang Bahadur Tewari of village Kairaha, P. S. Dhaurahra, district Kheri, his elder brother Gokul Nandan (deceased) in the company of co- villagers Ram Prakash and Keshav Ram were returning to their vil lage Karuwa in a tractor (USH 3067) after getting their sugarcane weighed at the cane center Basantpur and leaving the laden trolley at the centre. THE tractor was being driven by Gokul Nandan. THE younger brother Jagdish Nandan and Surrendra Kumar were coming behind the tractor on a motor-cycle. When the tractor was nearing trij unction known as 'khar-vahiya Karanha Tiraha' at about 5. 30 p. m. appellants accompanied by an unknown person, who was on a bicycle, appeared and signalled the tractor to stop. As soon as Gokul Nandan stopped the tractor, the unknown person dragged Gokul Nandan and at the same time Ram Krishna and Onkar Nath alias Guddu exhorted that Gokul Nandan be done to death. Appel lant Balak Ram fired a shot with his country made pistol at the chest of Gokul Nandan who fell down seriously injured and died on the spot. On the alarm raised by the victims and hearing the sound of firing, villagers were attached to the spot. THEreupon the miscreants escaped by entering in the sugar-cane field towards north of the road. While escaping the miscreants were abusing and threatening the complainant's party. This crime was committed in the back-ground of a dispute in respect of certain land. According to the prosecution case, a piece of land was pur chased by the informant etc. from Jagdish and one Saddiq had also made an agree ment to sell that very land to appellant Ram Krishna, but later on there was a compromise. The FIR of the incident was lodged by Brij Nandan on 8-2-1993 at P. S. Dhaurahra in the same night at 11 p. m. According to chik FIR the distance of the Police Station from the spot is 4 kms. On the basis of the FIR a case was registered against the appellant and one unknown person and the investigation ensued. S. I. Muni Lal Chawdhary Pw 6 started inves tigation on 8-2-1993 itself. He rushed to the spot and interrogated the informant and after mid-night interrogated other witnesses, namely, Jagdish Nandan, Sur-rendra Kumar, Ram Prakash and Keshav Ram. In the morning the Investigating Of ficer prepared the inquest report and sent the body for post-mortem examination. He took blood-stained and plain earth from the spot and prepared site-plan. He also took into his possession one old used bicycle bearing frame No. P-25631 and prepared recovery memo. The Investigat ing Officer also took into his possession one empty cartridge of. 12 bore from the spot and prepared a memo of the same. The post-mortem examination on the body of the deceased Gokul Nandan was conducted by Dr. VK. Dikshit PW 7 on 9-2-1993. The doctor found that the deceased was 38 years of age and death had occurred about one day prior to the post mortem examination. The doctor noted the following injuries on the person of Gokul Nandan: (i) Fire-arm wound of entry 2 cms. x 2 cms. x chest cavity deep on the upper past of chest and left side just below clavicle, Margins in verted and irregular. Blackening and tattooing present around the wound in an area of 3 cms. below and 1 cm. above the wound. The underly ing 1st, 2nd, 3rd ribs, alongwith the left clavicle were found fractured. The upper part of left pleura and lung and ascending orata were found lacerated. Left chest cavity contained 2 liters of fluid and clotted blood. One wad piece and 7 pellets were recovered from the cavity and 16 small metallic pellets were recovered from the posterior chest wall. The direction of the wound was from front to back and lateral little upwards. (ii) Abraded contusion 2 cm x 1 cm. on the front of right leg, 10 cm. above the right ankle. Death was due to shock and haemorrhage as a result of ante-mortem injuries. After completing the investiga tion, the Investigating Officer submitted charge-sheet and in usual course the case was committed to the Court of Sessions. At the trial appellants denied the prosecu tion case and claimed to be tried. In sup port of its case, the prosecution examined seven witnesses including three eye-wit nesses. Brij Nandan PW1 is brother of the deceased and is informant of the case. P W 2 Ram Prakash was alleged to have been travelling on the tractor alongwith the deceased and PW 3 Jagdish Nandan who was also brother of the deceased, was com ing on the motor-cycle behind the tractor. PW 7 Dr. V K. Dikshit, as mentioned earlier, had conducted the post-mortem examination. PW 6 S. I. Munni Lal Chawdhary was the first Investigating Of ficer. PW 5 S. I. Tribhuwan Singh Rathpre had also conducted part of the investiga tion. PW4 Rakesh Pratap Singh had final ly investigated the case and submitted charge-sheet. In their defence, the appel lants examined Sheo Kumar Shukia as D. W. 1 to prove alibi of Ram Krishna Onkar Nath.
(3.) AFTER scrutinising the evidence on record, the learned trial Judge accepted the prosecution case and convicted and sentenced the appellants as mentioned earlier. The appellants have now come up in appeal to this Court. We have heard learned Counsel for the appellants Sri Nagendra Mohan and the learned Additional Government Ad vocate at length and have gone through the evidence on record.;