Amar Saran, J. - (1.) THIS criminal ap peal has been filed against the judgment and order dated 22.11.1982 passed by the learned Sessions Judge, Deoria convicting and sentencing the appellant Ram Pratap Singh to imprisonment for life under sec tion 302 IPC. However, by the same judg ment, the co-accused Munni Singh, Baij Nath Singh and Surendra Singh were acquitted of the charges under sections 302/34IPC.
(2.) BRIEFLY, the prosecution's case was that at about 12.30 in the night intervening 3/4.12.1980 when the informant Chhote Lal Singh along with his grand-father, Ram Lachhan Singh, the deceased were sleeping in the verandah (Osara) of their house, his uncle Ram Narain Singh and his cousin brother Vyas Singh were sleeping on the verandah (Osara) of the adjoining house, the appellant Ram Pratap Singh armed with bomb, co-accused Munni Singh and Baij Nath Singh armed with guns and Surendra Singh carrying a lathi arrived there. The accused persons challenged Ram Lachhan Singh by hurling abuses and thereafter appellant Ram Pratap Singh hurled a bomb on him. On this the infor mant and others woke up. Ram Lachhan Singh died on the spot as a result of the bomb injury. The accused persons were identified in the torch light and in the light of the lantern, which was burning there in the verandah. The accused ran away from the spot threatening to shoot down or to hurl bombs on the witnesses. They were not followed by the witnesses out of fear. The report of this incident, which was scribed by Vyas Singh, was lodged at about 6.15 AM on 4.12.1980 at PS Ru-drapur, which was at a distance of about 4 miles, by Chhote Lal Singh. The pending civil and criminal litigation between the parties was said to be the cause of the inci dent. The Check FIR (Ext. Ka-1) was pre pared by PW 1 HC Davan Chaubey. He also made the GD entry (Ext. Ka-2). P.W. 5, S.O. Virendra Kumar Singh, Second Officer at the police station, who was the investigating officer of the case started investigating the case. He reached the spot of incident at about 7-8 A.M. and took the dead body of the de ceased Ram Lachhan Singh, which was lying at the doorstep of the informant, in possession. He also prepared the inquest report (Ext. Ka-7), photo laash (Ext. Ka-8), challan laash (Ext. Ka-9). He also prepared the site plan (Ext. Ka-10). He also collected the plain and bloodstained earth (Ext. Ka il and 12) and also picked up pieces of bomb (Ext. Ka 13) and burnt Rajai, Chadar and Dari etc. (Ext. Ka 14).
(3.) THE investigating officer also ex amined Ram Narain Singh and Vyas Singh on the same day and on the next day he was shown the lantern and torches of the witnesses and he prepared their recovery memos (Ext. Ka 4 and 5). THE accused sur rendered in Court on 19.12.1980. He sub mitted the charge sheet after completion of the investigation (Ext. Ka-15). The body was sent for post mortem examination and the autopsy was conducted by PW 4, Dr. Chandra Bhushan Singh at 1.30 PM on 5.12.1980 at the district hospital, Deoria. The body was brought in a sealed condition by Constable Achbar Singh.;