- (1.) N. S. Gupta, J. Accused appellants Jai Jai Ram, Ram Chandra and Girdhari, who were convicted by judgment and order dated 21-5-1980 by Sri P. K. Jain, the then Vth Additional District and Sessions Judge, Famikhabad in S. T. No. 382 of 1979 under Section 302/34 and Section 394/397, IPC and were sentenced to im prisonment for life under the first count and 7 years R. I. under the second count, have come up in appeal before this Court.
(2.) THE prosecution story, briefly stated is as follows : The deceased Anokhey Lal was the resident of Mohalla Karamat Khan P. S. Kotwali District Farrukhabad. Accused appellants Jai Jai Ram and Girdhari were also residents of the same Mohalla. Ac cused appellant Ram Chandra was a resi dent of village Dariyapur, to which village the deceased originally belonged and where the deceased had his own house. The incident of this case took place on 20-3-1979 at about 7. 30 p. m. when the deceased was sitting in the court-yard of his house and was rubbing oil on his mus cles. A lantern was burning there. Om Prakash PW-1, son of the deceased was sitting near the kitchen of his house. His wife Smt, Vimla Devi PW-7, mother and cousin brother Murari Lal PW-4, Khusi Ram were also sitting there. Smt. Vimla Devi PW-7 was cooking meals and the mother of Om Prakash (PW-1) was serv ing the same. A lamp was burning inside the kitchen. The accused appellants en tered into the house of the deceased from the main gate, when the deceased asked the purpose of their visit. Accused Jai Jai Ram demanded key of the boxes. When the deceased Anokey Lal refused to hand over the Keys, Accused appellant Jai Jai Ram flashed torch-light upon him. Ram Chandra assaulted the deceased by means of fists over the head of the deceased. Om Prakash PW-1, son of the deceased Murari Lal PW-4 and Khusi Ram challenged the caused persons. They also flashed torch -light on the accused persons and saw that the accused appellants Jai Jai Ram was armed with a country made pistol and a torch while the accused appellants Gird hari and Ram Chandra were also armed with country made pistols. One of the as sociate of the accused appellants was standing over the main gate. His name was not known. Jai Jai Ram threatened the inmates of the house. When the inmates of the house tried to come out from the house, the man standing on the main gate restrained them from coming out. The deceased Anokhey Lal caught hold of the accused appellant Girdhari, whereupon Girdhari opened fired by means of his country made pistol and caused injuries to the deceased. Accused Ram Chandra snatched away the ear-ring made of gold from the wife of Om Prakash. On hearing noise about this incident, Chheda Lal PW-5 Ram Bharosey, Babu Lal and Lakh Singh etc. came. All these persons were armed with Lathis and were having torches in their hands, which they had flashed. The bandit who was standing on the main gate did not permit the villagers to enter inside the house. Thereafter the accused appellants and their associate went away abusing inmates of the house of the deceased towards north. The villagers tried to chase the accused appellants. Thereupon accused appellants Jai Jai Ram and Ram Chandra again opened fire by means of their respective pistols and caused injuries to Ram Bharosey and Chheda Lal PW-5. The accused appellants left away a bag, a torch, two live cartridges and a towel in the court-yard of the de ceased and an empty cartridge of 12 bore was also found in the court-yard of the deceased. ;
(3.) A FIR Ex. Ka-1 was written by Om Prakash, son of the deceased on the dicta tion of his father Anokhey Lal deceased. Om Prakash PW-I took the deceased, in jured Chheda Lal and Ram Bharosey Lal to the police station Kotwali where he lodged the report Ex, Ka-1 at about 8. 30 p. m. on 20-3-1979, that is just within an hour of the occurrence. On the basis of the first information report Ex. Ka-1, head constable Deoki Nandan Awasthi prepared the chick report and G. D. report.;