PRASHANT KUMAR,J. - (1.) This appeal is directed against the judgment of conviction and order of sentence dated 05.06.1982 passed by Third Additional Sessions Judge, Lucknow, in Sessions Trial No. 335 of 1979, arising out of Case Crime No. 236, Police Station Gosainganj, District Lucknow, whereby and whereunder the appellant no.1 Raja Ram has been convicted under Section 302/34 of the Indian Penal Code, and sentenced to undergo imprisonment for life, whereas appellant no.2 Vijay Kumar has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life for the said offence.
(2.) The case of prosecution in short, as per the oral report of the informant Shrawan Kumar (PW-1) is that on 26.08.1979 at 07:00 A.M. in the morning the informant and his brother Lalji were going to village Neelmatha for opening their hair cutting shop (Saloon). When they reached near the field of Pyare Lal, suddenly both the appellants came out, who were hiding themselves in patwar (long grass or straw) grown on the southern side of the road. It is then alleged that the appellant Raja Ram caught hold the handle of the bicycle of Lalji (deceased) and threatened that since he was alleging that of appellant's sister namely Smt. Madhuri is a lady of bad character and had illicit relation with Vijay Kumar, they will kill him. It is further stated that thereafter the informant went towards his village after raising alarm. In the way he saw his co-villager Radhey Lal, Sri Krishna, Misri Lal, Chandra Prakash and Prem Kumar, who were coming towards place of occurrence. Then he returned to the place of occurrence and saw that Raja Ram was holding the deceased and Vijay Kumar was inflicting knife injuries on the deceased. He further stated that on hearing halla of the informant and other witnesses both the appellant fled away towards village Diptyganj. When they came near the deceased they found him dead and blood was coming out from his injuries.
(3.) It appears that thereafter the informant went to Gosaiganj police station and on his oral statement PW-5 wrote written report and thereafter instituted Case Crime No. 236, under Section 302 of the Indian Penal Code. It appears that thereafter PW-6 Sri Baljor Singh took up investigation of the case.;