Mahboob Ali, J. - (1.) Heard Sri Ashok Nath Tripathi learned counsel for the appellant and Sri A.N. Mulla, Sri Saghir Ahmad, Sri J.K. Upadhaya and Sri Rajeev Sharma learned A.G.As for the State.
(2.) This appeal is directed against the judgement and order dated 28.05.1983 passed by Additional Sessions Judge, Non-Metropolitan Area, Kanpur in Sessions Trial no. 297 of 1982 arising out of case crime no. 263 of 1982 under Section 302 IPC by which the appellant has been convicted and sentenced to imprisonment for life under Section 301 and 302 IPC and rigorous imprisonment for five years under Section 307 IPC.
(3.) Briefly stated the facts of this case are ;- First information report of the incident was lodged by PW-1 Radhey Lal son of the deceased Dulli, at Police Station Bhognipur, District Kanpur. The prosecution story as has been unfolded in the first information report (Ext. Ka-1) is to the effect that in the evening of 19.08.1982, the informant Radhey Lal and his brother Desh Raj were sitting in the court yard in front of the gate and nearby his mother Dulli was sitting on the palang and at the same place his neighbourers Lala Ram and Man Singh were sitting on another cot and the lantern was hanging under the thatched roof, at about 8.00 p.m., appellant Ram Singh holding a tamancha in his right hand came along with co-accused Lala Ram who instigated appellant Ram Singh to kill the informant and his family, on exhortation of Lala Ram appellant Ram Singh shot a fire from his tamancha which hit his mother Dulli in her left breast and she died on spot. The incident was witnessed in the light of the lantern by the informant, his brother Desh Raj, his neighbourers Lala Ram and Man Singh. The appellant and co-accused Lala Ram ran off towards the north side. On hearing the sound of fire, other persons from the neighbourhood also came on the spot and they also saw appellant and co-accused Lala Ram running away. The informant has also stated in his written report that about one and a half month before this incident, a scuffle took place between his son Bhan Singh and appellant Ram Singh regarding which a case was registered at Police Station and because of this, appellant Ram Singh and his party-man co-accused Lala Ram came to their house and on exhortation of Lala Ram, appellant Ram Singh shot a fire which killed his mother. On the basis of written report (Ext. Ka-2) an F.I.R. was lodged on 20.08.1982 at 12.30 a.m., in the night at Police Station Bhognipur and on the basis of this chik report the case was registered at Crime No. 263 of 1982 of which relevant entries were made in GD No. 30 (Ext. Ka-3).;