Pankaj Naqvi, J. - (1.) This criminal appeal is preferred against the judgment and order dated 22.4.1988, passed by the Sessions Judge, Farrukkhabad in S.T No.542/1984 (State vs. Brahamma Dhar and others), convicting / sentencing the appellants under Sections 148, 302/149, 307/149 IPC for life imprisonment and other ancillary sentences. PROSECUTION CASE
(2.) P.W.-1 on 12.2.1984 at about 2 PM, was sitting on a cot at a platform outside his house along with his brother Shanti Saran (deceased) and Rajendra (P.W.-2), whereas Chandra Pal, Devidin, Jawahar were standing on the said platform; Saligram (P.W.-3) and Bhanu Pratap (deceased) were standing on platform outside their houses. All of a sudden, appellants Brahamma Dhar, Shiv Dhar, both sons of Madho Prasad, Ajay Kumar s/o Shiv Kumar, Shishir Chandra s/o Shiv Dhar and Narendra S/o Brahamma Dhar arrived at the scene from the northern direction, wherein Brahamma Dhar and Shiv Dhar were armed with a country-made pistol, Ajay Kumar with a licenced D.B.B.L gun belonging to his father / Shiv Kumar, Shishir Chandra and Narendra possessed a country-made pistol. All the 5 accused fired at the informant's side exhorting that they be not spared, causing fire-arm injuries to Shanti Saran who fell on the spot, grandson Bhanu Pratap received fire-arm injuries who died at the spot, Rajendra and Chandra Pal also fell down after sustaining fire-arm injuries. P.W.-1 lay flat on the ground to save himself from indiscriminate firing but was eventually inflicted with a knife by Shishir Chandra on his head, causing serious injuries, who roll to fell down in a nearby drain and it was only upon arrival of co-villagers and upon their exhortation that the accused fled from the scene. P.W.-1 alleged animosity as the accused wanted to implicate him in a criminal case but as they failed to do so, they went after his life.
(3.) On above allegations, a written report dated 12.2.1984 (Ext. Ka-1) was submitted to the P.S. concerned, at a distance of 2 kms, which became a basis for lodging of an FIR (Ext. Ka-18) as Case Crime No.21, under Sections 147/148/149/307/302 IPC at 15.10 hrs on the same day.;