ANIRUDDHA SINGH,J. - (1.) Both above connected criminal appeals have been filed by appellants Prathavi @ Prathvipal, Verma @ Brahmadeen, Bagees and Mewa against judgment and order dated 4.6.2004 passed by Additional Sessions Judge, FTC No. 4, Lakhimpur Kheri in Sessions Trial No. 263 of 2000 (State of U.P. v. Prathavi @ Prathvipal and three others) arising out of Case Crime No. 172 of 1999, Police Station Bheera, District Lakhimpur Kheri, convicting and sentencing them to undergo life imprisonment with fine of Rs. 10,000/- under Section 302/34 IPC and in default of payment of fine to undergo further rigorous imprisonment for two years each and under Section 506(2) IPC two years rigorous imprisonment. Both above connected criminal appeals are being decided by one judgment and order.
(2.) According to Prosecution case, FIR was lodged by Chandan Lal, father of deceased alleging that on 20.9.1999 at 8:30 A.M. one Ganga Pandey informed that some ladies were quarelling; complainant alongwith his alone son deceased Rajesh Pandey armed with licensee gun went there. Subsequently, Prathavi @ Prathvipal, Verma @ Brahmadeen, Bagees and Mewa encircled deceased Rajesh Pandey; Prathavi @ Prathvipal shot fire at Rajesh Pandey and other three appellants assaulted Rajesh Pandey with sharp-edged weapon(banka). They also broke licensee gun of deceased. Deceased Rajesh Pandey also shot one fire at them. Rajesh Pandey died after sustaining injuries. Several persons have seen the incident and after killing Rajesh Pandey they fled away towards forest.
(3.) On the basis of written report (Ext. Ka-1), case was registered and investigating Officer started investigation, prepared recovery memo of plain soil and bloodstained soil (Ext. Ka-2); recovery memo of licensee gun of deceased (Ext. Ka-3), inquest report (Ext. Ka-4), postmortem report (Ext. Ka-5), chik FIR (Ext. Ka-6) and entry was made in GD(Ext. Ka-7). Investigating Officer also prepared all other relevant documents, photolash(Ext. Ka-9), police papers for postmortem (Ext. Ka-10), Namuna Mohar(Ext. Ka-11),letter to R.I. (Ext. Ka-12), letter to CMO (Ext.Ka-13), site plan (Ext. Ka-8) and after investigation charge sheet (Ext.-Ka14/A) was submitted under Section 302, 427, 506 IPC and Forensic Science Laboratory report was exhibited as (Ext.Ka-15).;