OM PRAKASH-VII, J. - (1.) This Criminal Appeal has been preferred by appellants Virendra Singh alias Vijendra and Mahipal alias Mahipala against judgment and order dated 28.05.1983 passed by Ist District and Sessions Judge, Bareilly in Sessions Trial No.484 of 1981 and 607-A of 1982 (State Versus Virendra Singh), (State Versus Mahipal), convicting and sentencing appellant Virendra Singh alias Vijendra for offence under section 302 IPC to undergo imprisonment for life and appellant Mahipal alias Mahipala for offence under section 302/34 IPC to undergo imprisonment for life.
(2.) Prosecution story, in nutshell, as unfolded in written report (Ex.Ka.-1), are as follows: On 27.08.1981, informant Satya Pal Singh (P.W.1) son of Nihal Singh moved a written report (Ex.Ka.-1), scribed by Balbir Singh (D.W.1), mentioning therein that in the intervening night of 26/27.08.1981, Informant's brother Dharampal (deceased) was sleeping in the courtyard in front of chaupal. Informant was sleeping in the chaupal. His younger brother Rampal and his father Nihal Singh were sleeping outside in a thatched hut. In early morning, Dharampal (deceased) called Rampal to feed cattle on which Informant also woke up. Then at about 4:00 A.M., a fire was made and informant's brother Dharampal (deceased) cried that "...[VARNACULAR TEXT UMIITED].... Hearing the sound of fire and cry made by Dharampal (deceased), Informant, his brother Rampal and neighbour Jaimal Singh, who was sleeping on his roof, came there. On seeing them, accused ran away towards eastern side of field. Informant, Rampal and Jaimal all were having torches. A lantern was also emitting near deceased. There was also moonlight in which accused were seen and recognized by witnesses as Vijendra alias Vijendra Singh and Mahipal alias Mahipala. One unknown accused could not be identified by these witnesses, but he could be recognized one to one. Vijendra was armed with country made pistol whereas Mahipala and one unknown accused were armed with lathi. Witnesses could not apprehend accused-persons due to fear of country made pistol. There was old enmity between informant's side and accused. Enmity was also between parties due to purchase of a land and due to that reason, accused Vijendra has shot his brother Dharampal (deceased). Receiving firearm injuries, deceased died on cot itself.
(3.) On the basis of written report (Ex.Ka.-1), on 27.08.1981 at 6:30 A.M., Chik First Information Report No.97 of 1981 at Crime No.121 of 1981 under Section 302 IPC was registered against accused-persons as Ex.Ka.-3. Entry was also made in G.D. mentioning details as disclosed in written report on same day as Ex.Ka.-4. Carbon copy of G.D. proved by P.W.3 is also on record as Ex.Ka.-5. Information was also given by police concerned to higher Authorities.;