Krishna Singh, J. - (1.) The instant criminal appeal has been preferred on behalf ;of the accused-appellant Sheo Kumar @ Batooni Singh s/o Mauji Singh, against the impugned judgment and order dated 28.6.1986 passed by the Additional Sessions Judge, Fatehpur in Sessions Trial No. 200 of 1985 (State Vs. Sheo Kumar @ Batooni Singh) arising out of Case Crime No. 40 of 1985 under Sections-302 and 394 of the Indian Penal Code , Police Station Malwan District Fatehpur whereby he has been convicted and sentenced to undergo life imprisonment for commission of offence punishable under Section-302 IPC and further to undergo seven years rigorous imprisonment for the offence punishable under section 394 IPC. Both the sentences were directed to run concurrently.
(2.) The emanation of the facts from the prosecution in a short conspectus is that the deceased Laxmi Narayan was the real uncle of informant Buddi Lal and the husband of Smt. Somwati. The Buddi Lal , the informant lodged an FIR on 17.3.1985 at 8.15 a.m. in respect to the incident alleged to have taken place in the intervening night of 16/17 March 1985 at about 12 to 12.30 A.M. Vide Case Crime No.40 of 1985 under sections 302 and 394 of the IPC Police Station-Malwan District- Fatehpur with the accusations that the complainant along with his uncle Laxmi Narain who was equipped with licenced gun aunt Smt. Somwati Devi and their son Veenu were present at the Tubewell. The son of Nankoo Dhobi, Munni Lal was also present there. At about 11.30 p.m. in the night Sheo Kumar alias Batooni son of Mauji Singh came and enquired about Laxmi Narain , the uncle of the complainant and climbed over the roof. The accused appellant ensued confabulation with regard to exchange of money to the tune of Rs. 2000/- which was given by Laxmi Narain to him. The said money was demanded several times by the victim but the accused appellant went on adopting the stalling and dilatory tactics. The accused appellant took furious shape murmuring that he will repay the entire amount to the victim to settle the score. On this issue some heated and exasperated words were exchanged aggravating the situation. The accused appellant could not inhibit his ire and irate and snatched the single barrel gun from the victim Laxmi Narain and loaded the same taking out the cartridge from the belt and fired at him. When the complainant and other persons tried to apprehend the accused appellant, he again fired unleashing a reign of terror for eliminating the entire progeny. The complainant and the other persons present at the roof were highly horrified and frightened and the accused appellant fled from the scene of occurrence armed with the gun of Laxmi Narain (victim). The said incident had taken place at about 12 to 12.30 a.m. tn the night. The complainant and the other members present at the Tubewell made hue and cry loudly which thundered in the locality and a number of persons gathered on the spot and ascended on the roof of the tubewell. They found that the victim Laxmi Narain was hit with pellet at the left side of face on the nose. No-body could muster courage to pursue the accused appellant on account of trepidation, horror and panic let loose by the accused appellant. They were present to look after the cultivation after severance of grains of peas at the tubewell. The identification of the gun was shown to be single barrel bearing no. 2570. The dead body of the victim was lying on the spot. The complainant in association with other persons went at the police station to lodge the first information report for taking appropriate action.
(3.) Complainant got the written report Ext. Ka-1 scribed by one Krishna Kant and went to P.S. Malwan on 17.3.1985 at about 8:15 A.M. and submitted there.;