Umesh Kumar, J. - (1.)These two criminal appeals have been filed challenging the judgment and order dated 30.04.2015 passed by Additional Sessions Judge, Court No.3, Fatehpur in S.T. No. 1185 of 2001 ( State Vs. Ravi Karan and others) by which the appellants have been convicted and sentenced for life imprisonment and a fine of Rs. 20,000/- each under Sections 302 read with Section 34 IPC and in default to undergo 2 years R.I., and under Section 307 read with Section 34 IPC, to undergo 7 years R.I. and fine of Rs. 10,000/- each; and in default to further undergo one year R.I. All the sentences are directed to run concurrently. The accused-Bhola died during trial.
(2.)P.W.1 Shiv Prasad-informant has given a written report at Police Station Kishanpur district, Fatehpur alleging that in the evening on 16.2.1992 at about 6.00 P.M. some altercation took place between Moti Lal with Pitai Kumhar of his village; his son Hira Lal and Awadesh intervened and brought Moti Lal to the house. Soon thereafter, Ravi Karan son of Ram Naresh having Rifle, Prakash armed with DBBL gun and Bhola having lathi in his hand came abusing in front of the door of Moti Lal; Moti Lal asked them not to abuse, upon hearing the noise, the informant, his son Suresh Chandra, sister-in-law ( wife of Babu Lal), wife of Moti Lal, and Chiya daughter of Moti Lal and Awadhesh arrived and forbade them not to abuse, on which, accused Bhola exhorted saying kill them as their bullying has increased and now they have started teasing their own persons; in the meantime, accused Prakash and Ravi Karan having Rifle and gun in their hands fired on Moti Lal which hit on his stomach; the wife of Moti Lal-Sarla, his daughter Chiya and informant's son Suresh Chandra and his sister-in-law received injuries. The accused appellants ran away from the spot abusing and they could not be caught hold due to fear. The injured were sent to hospital for treatment along with villagers and he has come to lodge first information report.
(3.)On the basis of the said information, chick FIR (Ex.Ka-2) was prepared and a case under Sections 307/504 IPC at Case Crime No. 30 of 1992 was registered against the accused namely Ravi Karan, Prakash and Bhola and relevant entry was made in the G.D., but the GD and the said FIR is not available on record. Subsequently, after death of injured-Moti Lal on 17.2.1992, the offence under Section 307/504 IPC was converted into Section 302 IPC and relevant entry in the GD regarding conversion of the case was entered at GD No. 21 at 5.30 P.M. Dated 17.2.1992.