Ghandikota Sri Devi, J. - (1.) These two criminal appeals have been filed by the appellants, challenging the order dated 18.6.2008, passed by the learned Additional Sessions Judge/Fast Track Court No.1, Sitapur in Sessions Trial No.611 of 2005 (State vs. Ram Kumar and others) under Sections 147, 148, 302 IPC read with Section 149 IPC and Sessions Trial No.612 of 2005 (State vs. Ram Kumar) under Section 25 (1-b) of the Arms Act, whereby the accused-appellants, namely, Purshottam, Surya Pal and Arjun Lal in Criminal Appeal No.1486 of 2008 were convicted under Section 302 IPC read with Section 34 IPC and sentenced to undergo imprisonment for life and fine of Rs. 10,000/-each, P.S. Laharpur, District Sitapur. In default of payment of fine, they were ordered to undergo imprisonment for a further period of six months, each. The accused-appellant, Ramkumar in Crl. Appeal No. 1945 of 2008 was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and fine of Rs.10,000/-. He was also sentenced to undergo one year rigorous imprisonment and fine of Rs.500/- under Section 25(1-b) of the Arms Act. The sentences awarded to the appellants were directed to run concurrently. Since, both the appeals have arisen against a common judgment and order dated 18.6.2018, passed by the learned Additional Sessions Judge, Fast Track Court No.1, Sitapur, the same are being disposed of by this common judgment in both the connected appeals.
(2.) Briefly stated the facts of the prosecution case was that on 7.3.2005 at about 7:00 a.m., the informant and his cousin (brother) Rajendra (since deceased) were standing outside the house of Rajendra. Then being inimical in regard to the dispute with respect to the land and the premises, the accused-appellants namely, Ram Kumar, Purshottam, Surya Pal, Arjun Lal and Sardar Baljeet Singh came to the place of occurrence with lathi-danda, bhala and fire-arms and saying the cousin of the informant that 'yahi sala Rajendra hai, maar do,' to which the accused Ram Kumar fired at Rajendra with the fire-arm in his hand, which hit on the face of Rajendra and he died instantaneously. The incident was witnessed by Roopan s/o Dwarka and Shiv Kumar s/o Baburam R/o Village-Bhatthapurwa, P.S. Laharpur, District Sitapur. The informant was standing along with his cousin, Rajendra, who had witnessed the occurrence. The accused de-camped in the western direction after firing at the deceased. The dead-body was lying at the place of occurrence.
(3.) The informant, Ram Pratap lodged the report of that incident (Ex.ka1) at Police Station Laharpur, District Sitapur, immediately after the occurrence at 9:40 a.m. on the same day, i.e., on 7.3.2005. The distance of the said police station from the place of occurrence is 27km. On the written report of the informant- Ram Pratap, Head Constable Sohan Lal (PW3) prepared the check report of the incident (Ex.ka2) registered the case as Case Crime No.126 of 2005 under Sections 147, 148, 149 and 302 IPC and also made the relevant G.D. Entries (Ex.ka3).;