Shiv Shanker, J. - (1.) BOTH the Criminal Appeal Nos. 4567/2005 and 4351/2005, under Section 374 (2), Cr. P.C. have been filed against the impugned judgment and order dated 28.9.2005 passed in S.T. No. 437/2003, under Sections 302, 504 and 506, I.P.C., P.S. Gola, District Gorakhpur, wherein accused Chandra Bhan Chand and Smt. Savitri Devi have been acquitted for the charge punishable under Section 302 read with Sections 34, 504, and 506, I.P.C. and accused appellants Gulab Chand and Krishna Mohan Chand have also been acquitted for the charge under Sections 504 and 506, I.P.C. while they have been convicted for the charge under Section 302 read with Section 34, I.P.C. by awarding sentence of life imprisonment alongwith the fine of Rs. 3,000 each. In default of payment of fine, the appellants will further undergo for one year additional imprisonment each.
(2.) BEING the same sessions trials number and case as above, both the criminal appeals are being disposed of by this common order. 2A. Briefly, prosecution case is that Durg Vijay Chand (P.W. 1) lodged the F.I.R. on 22.6.2003 at 16.30 p.m. against four persons namely Krishna Mohan Chand, Gulab Chand, Chandra Bhan Chand and Smt. Savitri Devi regarding occurrence dated 22.6.2003 at about 2.30 p.m., wherein it has been stated that there was litigation regarding partition of the house which was pending in between the informant and accused Gulab Chand. On 22.6.2003 at about 2.30 p.m., Ganga Chand, father of the informant had gone to grove to pick fallen mangoes from his house and he was picking fallen mangoes in the grove. Accused Krishna Mohan Chand armed with licensed gun of his father and Gulab Chand armed with a country made pistol accompanied with Chandra Bhan Chand and Smt. Savitri Devi reached there and started abusing him. At the same time, informant, his elder brother Ran Vijay Chandra, Bajarangi and Achhaivar and other persons of his village also reached there. Ganga Chand objected not to abuse him. Thereafter accused Krishna Mohan Chand shot fires upon Ganga Chand with the gun at the exhortation of accused-appellant Gulab Chand. Consequently, he sustained fire arm injuries and fallen down on the ground. The informant and others had tried to save him, upon which accused persons fled away from there towards north side after making fires with the gun and country made pistol. Thereafter, Ganga Chand was taken to the concerned police station by the informant and lodged the F.I.R. under Section 307, I.P.C. and he was sent to the hospital for his treatment, where he was declared dead. Thereafter, the case was converted under Section 302, I.P.C. 2B. Inquest report etc., were prepared by S. I. Birchhu Ram (P.W. 5) on 23.6.2003 in between 13.15 to 14.05 p.m. after sealing dead body of deceased. The same was sent for post-mortem examination. Investigating Officer inspected the place of occurrence and prepared the site plan of the place of incident. One empty cartridge was also recovered from the place of occurrence which was taken into custody and the same was sealed and prepared its recovery memo. A gun which was allegedly used by Krishna Mohan Chand was also taken into custody from accused-appellant Gulab Chand and prepared its recovery memo which relates to licensed gun of his father. After arrest of accused-appellant Krishna Mohan Chand, a country made pistol alongwith empty cartridge was recovered from his pointing out. The same was taken into custody and after sealing it prepared its recovery memo. After completion of investigation of four accused persons who were named in the F.I.R. were charge-sheeted. After commitment of the case, the trial court has framed the charges for offences punishable under Section 302, I.P.C. read with Section 34, I.P.C. They were also further charged for the offence under Sections 504 and 506, I.P.C. who pleaded not guilty and claimed to be tried. They have stated in their statements recorded under Section 313, Cr. P.C. that they have been falsely implicated in this case due to enmity.
(3.) PROSECUTION examined Durg Vijay Chand (P.W. 1), Ran Vijay Chand (P.W. 2), Rajesh (P.W. 3), Dr. K. K. Chaudhary (P.W. 4), S. I. Birchhu Ram (P.W. 5), S. I. Pawan Kumar Chaubey (P.W. 6) and S. I. Ganesh Singh (P.W. 7). No any oral or documentary evidence has been adduced on behalf of accused persons in their defence.;