Pankaj Naqvi, J. - (1.) This criminal appeal is preferred against the judgment and order dated 28.7.1987, passed by the 1st Addl. Sessions Judge, Ghaziabad in S.T No.443/1986, convicting / sentencing the appellants under Section 302 r/w 34 IPC to life imprisonment.
(2.) The prosecution case is as under: P.W.-5 / informant, on 17.8.1986 (Sunday) at about 1 PM, along with P.W.-3 and other residents of Arya Nagar, Ghaziabad were watching a cricket match at the field, outside the house of his nephew, Richard (deceased). While they were watching the match, accused Alok Kumar along with accused Ram Kumar (friends of Richard) also came to watch the match for a while. Thereafter, both the accused left the venue, saying that they are going to meet Richard. After about 10-15 minutes, P.W.-5 heard shrieks of Richard and his grandmother (P.W.-4) latter shouting ''he has been killed- save, save", over which P.W. 3 & 5 went to the house to find that accused Ram Kumar with a barber's razor and Alok Kumar were about to escape. P.W. 3 & 5 nabbed both the accused whereas body of the deceased lay in a pool of blood after which few persons from the neighbourhood, arrived. The two accused were handed over to the police at the PS concerned, the weapon of offence, recovered in the presence of Shekhar (P.W.-3), Shailendra and Vinod Kumar was also handed over to the police. The occurrence was reported to be timed at 2 PM.
(3.) The FIR came to be lodged on the same day at 14.45 hours at the PS at a distance of 1 km against the above two accused as Case Crime No.407/1986, under Section 302 IPC.;