- (1.) B. K. Sharma, J. This is an appeal against the judgment dated 28-8-95 and order of sentence dated 29-8-95 passed by Sri. R. N. Verma, the then Additional Ses sions Judge, Rampur in S. T. No. 47 of 1992 (State v. Ahmad Jan and three others), under Section 302/34, IPC, Police Station Bilaspur, District Rampur, whereby he convicted all the four accused appellants, namely, Ahmad Jan, Nabi Jan, Ayub Khan and Shahin Khan, of the offence under Section 302/34, IPC and sentenced each one of them to suffer rigorous imprison ment for life.
(2.) IT is a double murder case. Mohd. Jaan Khan and Mohd. Rais Khan, were the two deceased in this case. The informant was Mohd. Akeel Khan (PW-1), son of Mohd. Jan Khan deceased and brother of Mohd. Rayees Khan deceased. Prior to the present occurrence murder of Ali Jan. real brother of Ahmad Jan and Nabi Jan, present accused-appel lants No. 1 and 2 had taken place and therein the present informant Mohd. Akeel Khan (PW-1) and both the present deceased Mohd. Jaan Khan and Mohd. Rais Khan, were standing trial. The prosecution story is that on 28-8-1991, the date fixed in that murder case, the present informant Mohd. Akil Khan and both the present deceased Mohd. Jaan Khan and Mohd. Rais Khan, were going by a tempo, which was driver by Sri Prakash Singh driver at 8. 45 a. m. for the check post in the village for the purpose of going to courts of Rampur to appear on the date fixed in the aforesaid trial, that when the tempo reached at a distance of one Km. towards the west of Bengali Colony towards Akeen Bilaspur, all the four accused-appellants came out from the border of the road, that out of them Ahmad Jan and Nabi Jan were armed with fire-arm and Ayub Khan and Shahin Khan accused-appellants were armed with patal, that they surrounded the tampo and ex horted, "maar LO SALON KO" and made fire, which struck both the present deceased and Ayub Khan and Shahin Khan accused-appellants inflicted numerous injuries with patal on the bodies of the present deceased, that finding an oppor tunity the informant went away from the tampo and stood at a distance of 2 to 3 paces from there, that after committing the double murder, all the four accused-appellants went away towards south in the sugarcane crop, that the occurrence was seen by Siraj Khan, Imran Khan, Shafiq Ahmad and Prakash driver but none of them helped the victims out of fear of the accused-appellants. According to the prosecution, the FIR of this occurrence was got scribed by the informant from Zameer Khan (PW-5) and the informant went to Police Station Bilaspur and lodged the FIR of this occurrence there at 10. 05 a. m. on the same day, on the basis of which chick report was prepared and a case was registered at the Police Station against all the four accused-appellants.
(3.) THE I. O. Surendra Singh, S. H. O. , Police Station Bilaspur (PW- 6) went to the spot accompanied by Sanjaybhardwaj, S. S. I. (PW- 3 ). THE dead bodies of both the deceased were found lying inside the tampo in question at the spot. Inquest proceedings were taken by Sanjai Bhardwaj, S. S. I, and dead bodies were sent for post-mortem. In spot inspection a purse and photo of Ahmad Jaan accused-appellant was found lying at the spot. After the investigation was com pleted, charge-sheet was submitted against all the four accused- appellants and they were committed to the Court of Ses sions for trial.;