Pankaj Naqvi,J. - (1.) This criminal appeal is preferred against the judgment and order dated 11.12.2003, passed by the Sessions Judge, Varanasi in S.T. No. 895/1998 convicting/sentencing the appellants under Sections 302 IPC for life imprisonment and other ancillary sentences. 1. The case of the prosecution lies in a narrow compass:- PW-1 (Rajesh Pal/informant) on 29.6.1998 along with his nephew- Ram Babu Pal @ Batuk Pal (victim) was going from his house towards Telibagh on a two-wheeler at about 2.30 P.M., when they reached a particular point, accused Mangal @ Lau who was staying with accused Chet Narayan since childhood, came on a scooter which dashed against theirs, both the two-wheeler fell, accused Chet Narayana and Mangal @ Lau took out their pistol with a view to kill, fired a shot at the victim on his head, who fell down in an unconscious state. PW-1 attempted to escape but accused chased him, fired a shot, which hit a rickshaw puller who fell down, accused Chet Narayan Singh then fired 2 shots at PW-1 who fell down. Meanwhile crowd gathered, who picked up all the injured in an auto to Singh Nursing Home, where they were referred for Kabir Chaura Hospital, first aid was extended to P.W.-1 but he was referred for Singh Nursing Home. Ram Babu was finally referred for BHU Hospital.
(2.) On above allegations, a written report (Ex Ka-1A) came to be scribed by Ajay Pal submitted by PW-1 at PS Chetanganj same day which became a basis for registering an FIR at 16;20 hours as Case Crime No. 94/1998, under Section 307 IPC. Ram Babu Pal and the rickshaw puller succumbed to their injuries on the night of occurrence itself and Section 302 IPC came to be added.
(3.) The trial court charged the accused for offences U/S. 302 and 307 IPC.;