ARVIND KUMAR MISHRA-I,J. - (1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order of conviction passed by the VIII Additional Sessions Judge, Bareilly, in State v. Indrajeet and Another, Sessions Trial No. 257 of 1983, dated 04.01.1988 , arising out of Case Crime No. 101, Police Station Deorania, District Bareilly, whereby, the appellant Indrajeet has been convicted and sentenced to seven years R.I.Under Section 307 IPC; and appellant Sunder Lalhas been convicted and sentenced to two years R.I. under Section 307 read with Section 34 IPC.
(2.) Heard Sri. Sandeep Mishra, Sri. Vishvendra Singh, learned counsel for the appellants and Sri. B.D. Nishad, learned AGA for the State and perused the record of this appeal.
(3.) Facts of this case, as discernible from the record, appear to be that the FIR dated 23.7.1982 lodged at 10.30 A.M. (Exhibit Ka-2), which was orally dictated to Constable Sriniwas by the informant Prithvipal s/o Bihari Lal Gangwar, resident of village Gargaiya, Police Station Deorania, District Bareilly, is indicative of fact that Bihari Lal (informant's father) and Omwati (informant's mother) were sleeping in the 'Chhappar', whereas, informant Prithviraj along with his wife Durgawati were sleeping in the 'Khaprail' (baked mud tiles)adjacent to the place where Bihari Lal and his wife Omwati were sleeping. At about 22.30 A.M. in the night, due to some sound, they woke-up and Bihari Lal asked as to who was there. The informant Prithvipal flashed torch light and saw Indrajeet and Sunder Lal (informant's uncle) standing in the courtyard. Sunder Lal instigated Indrajeet to open fire and on the instigation, Indrajeet shot fire with country-made gun (tamancha) at Bihari Lal and fled away from the spot. On Screaming of Bihari Lal and informant's family, Mathura Prasad and some other villagers arrived on the spot where they saw Bihari Lal sustained injuries on the left side of his chest and blood was oozing out. As soon as the informant started conveying his father on the 'dunlop', it began to rain. However, he along with others reached to the police station. Informant requested to send his father for treatment in the hospital as the condition of his father was deteriorating and request for lodging the report was made against accused Indrajeet and Sunder Lal.;