Sudhir Agarwal, J. - (1.) This Criminal Appeal under Section 374 of Criminal Procedure Code (hereinafter referred to as "Cr.P.C.") has been filed by appellants, Babu Ram and Tara Chand against judgment and order dated 09.02.2003, passed by Shri R.N. Sharma, Additional District and Sessions Judge-III, Bareilly in Sessions Trial No. 562 of 1981, convicting both accused-appellants under Section 302 read with section 34 of Indian Penal Code (hereinafter referred to as "IPC") and sentencing them to undergo rigorous imprisonment for life.
(2.) Factual matrix of the case, as is evident from First Information Report (hereinafter referred to as "FIR) and evidence available before Trial Court is that Chet Ram, cousin of PW-1 Informant, was married to Smt. Somwati daughter of Ganga Ram Teli of village Bhandandi, P.S. Jahanabad, District Pilibhit. Accused Babu Ram son of Ganga Ram is brother of Somwati, wife of Chet Ram. She developed illicit relations with her brother-in-law (jeeja) namely, accused Tara Chand son of Ram Prashad of village Amkheda, P.S. Gajraula, Pilibhit. Somwati did not like her husband Chet Ram nor wanted to live with him. Prior to Teeja, getting annoyed, she went to her paternal house with her brother Mukundi Lal. On last Thursday, accused Babu Ram and Tara Chand had gone to PW-1, Informant's village Kishanpur Kuniya and met some villagers. At about 10:00 AM, they also met deceased Ram Swarup, father of PW-1 as well as other family members and asked to break relation of Somwati with Chetram and demanded return of utensils given as dowry in marriage to Chetram, whereupon father of Informant told that neither relation with Somwati would be broken nor articles would be returned. This annoyed accused appellants, Babu Ram and Tara Chand. Both threatened that they will not leave him (Ram Swarup) alive because he is posing to be Chief of the family. At that time, Janki Prasad and Kripa Shankar of Village Kishanpur Kuniya were present there. They intervened and persuaded accused and reconciled the matter.
(3.) In the night intervening 3/4.10.1981, Informant (PW-1 Ram Chandra) along with his brother, Natthu were sleeping, at his Chaupal, on one cot. His father (deceased-Ram Swarup) was sleeping in the thatched shed in Chaupal where other two brothers of Informant, namely, Lala Ram and Damodar were also sleeping. A lantern was also lightning inside the chaupal. Chet Ram (cousin) and Jodhey Lal (brother of Informant) were also sleeping inside Chaupal. Nathoo Lal was ailing. At about 01:30 AM, he asked for water which the Informant gave. Informant and others were awake, when accused Tara Chand armed with countrymade pistol and Babu Ram armed with lathi came over there. Informant raised alarm whereafter Chet Ram and Jodhey Lal also woke up and other persons of village namely, Karuna Shankar and Satyapal came over there, running with torches. In the meantime, Tarachand exhorted Babu Ram to kill Mukhiya (Chief) of family, i.e. Ram Swarup and upon his exhortation, accused (Babu Ram) opened fire at him. On sustaining gunshot injury Ram Swarup died on cot itself. Thereafter, both accused persons were chased by witnesses, present at the place of occurrence, but they fled away, first towards west and thereafter towards village Nakati Narainpur and made their escape good. FIR further recites that witnesses had seen occurrence and identified accused appellants in the light of lantern and torches.;