VINOD PRASAD,J. - (1.) THE two sibling brother appellants Veer Singh and Ram Ratan, have been convicted for offences under Sections 302/34, 302 IPC, respectively, with sentence of life imprisonment and a fine of Rs.1000/-, with further direction that in default of payment of fine they shall undergo six months further imprisonment,by Additional Sessions Judge, court no.4, Rampur, vide his impugned judgement and order dated 7.7.2006 passed in Sessions Trial No.508 of 2005, State Versus Ram Ratan and another which conviction and sentences have been challenged in the above two appeals preferred by the appellants. For the sake of convenience both the appeals were clubbed together and are being decided by this common judgement.
(2.) IN an abridged form, prosecution allegations against the appellants, as were contained in the written report Ext. Ka-1,were that Nathia, a resident of Bara Kashipur, and nanad of Kamla(mausi of informant Shanti and her sister Kanta), is a common relative of informant and Dayawati, wife of Ram Ratan appellant. Kanta had visited house of Nathia in Bara Kashipur, which visit was not relished by Dayawati, who was making obnoxious utterances in that respect. On the date of the incident, 6.7.2005 at 7-7.30 p.m., appellant Ram Ratan, armed with ballam was passing through the front of the informant's house along with his brother Veer Singh appellant, when, all of a sudden,a triadic altercation ensued between appellant Ram Ratan and father of informant Hemraj (deceased),which attracted informant's brother Tejveer, Savitri, Kanta, co-villager Ram Autar and many others at the spot, who all intervened in the verbal onslaught and tried to pacify ongoing altercation. In the midst of this, all of a sudden, Ram Ratan pierced his ballam in the chest of Hemraj, who, after sustaining grievous injury, fell down and thereafter, both the accused fled away towards the plateau . Injured father Hemraj was transported to the police station Patwai at a distance of 2 Kms where a written report Ext. Ka-8 was lodged by the informant, as Crime No.320 of 2005, under Section 308 I.P.C., at 8.40 p.m. same day after getting the same scribed by Amar Singh Sagar.
(3.) CONSTABLE 604 Mala Ram prepared the Chik FIR Ext. Ka-8 and the relevant GD entry in Ext. Ka-7.Investigation of the crime was commenced by S.I. Suraj Bhan, P.W.5, who first of all copied the Chik FIR and the GD entry and thereafter recorded 161 Cr.P.C. statement of the informant. He thereafter sent the injured Hemraj along with Head Constable Lalman to the district hospital Rampur for nursing of his injury. Same day Investigating Officer recorded the statements of other witnesses and made a vain endeavour to apprehend the accused. Injured Hemraj lost his life on 6.7.2005 at 9.20.p.m. and therefore I.O.,on 7.7.2005, came to the District Hospital, Rampur where he copied the memo Ext. Ka-3, sent by the doctor regarding demise of the deceased. I.O. also copied other relevant documents and other GD entries,which he had proved as Ext. ka-5 to Ka-9.;