MAHENDRA DAYAL,J. - (1.) We have heard Mr. Nagendra Mohan, learned counsel for the appellants and Mr. Hari Shanker Bajpai learned Additional Government Advocate for the State and also perused the record.
(2.) The trial Court, 4th Additional Session Judge, Unnao convicted the appellants vide judgment and order dated 02.02.1984 in two different Session Trial Nos.309 of 1982 and 592 of 1982, both arising out of the same Case Crime No. 46 of 1982, under Section 302/34 IPC relating to Police Station Purwa, District Unnao. All the appellants have been convicted for the offence under Sections 302/34 IPC and have been sentenced to undergo life imprisonment. They have also been convicted under Section 323/34 IPC and have been sentenced to undergo six months imprisonment. Both the aforesaid sentences are to run concurrently.
(3.) Brief facts leading to this appeal are that the occurrence as alleged by the prosecution is said to have been taken on 07.03.1982 at 05:00 P.M. The first information report of this case was lodged on the same day at 07:00 P.M. The informant is Suraj Prasad. The prosecution case is that when the injured and the deceased were coming back together from Village Atwa and reached near the shop of Saddan, the accused-appellants came armed with firearms. One of the accused, namely, Chandra Bhal @ Puttu was having Axe. It is further said that the appellant No. 3 Karuna Shankar exhorted the rest of the accused-appellants, upon which, all of them opened fire. It is further said that Ram Chandra @ Phunnar was dragged to a nearby field of Prem Shanker where he was killed by the accused-appellants. The appellants Uma Shankar and Karuna Shankar assaulted Durga Prasad @ Bade Lal with butt end of the pistols. The occurrence was seen by several persons of the village including Suraj Prasad, his wife and Suresh. It is further said that after killing Ram Chandra @ Phunnar, the accused-appellants threatened all the villagers that if anyone gave evidence against them, he would be killed. The motive as stated in the first information report is that 4-5 years prior to the occurrence, the accused-appellants Karuna Shankar and Vijay Shankar had killed the Block Pramukh Shiv Shankar, in which, the deceased Ram Chandra @ Phunnar was doing pairvi against them.;