Pritinker Diwaker - (1.) This appeal arises out of impugned judgement and order dated 21.04.2007 passed by the Additional Sessions Judge, Court No.4, Budaun in Sessions Trial No. 750 of 2004, convicting the appellants under Section 302/34 of IPC and sentencing them to undergo rigorous imprisonment for life with a fine of Rs. 10,000/- each, in default thereof, to undergo six months additional rigorous imprisonment.
(2.) As per prosecution case, deceased Radhey Shyam Maheshwari was a practising lawyer and was also an active politician. He was also a Secretary of District Level Committee of Congress Party. Deceased accused Chob Singh was earlier a Block President of Congress Party and looking to his anti party activities, he was expelled from the party and since then he was having inimical relation with the deceased. It is said that on 19.4.2004, when the deceased was going to the house of Advocate, Rajendra Pal Gupta in relation to some political activities, at about 8:15 am, present appellants and the deceased accused Chob Singh apprehended him and at that time accused Dharm Pal was having an iron rod with him, whereas the other three accused persons were carrying country made pistols. It is said that first blow was given by Dharm Pal with the said rod and then the deceased accused Chob Singh exhorted for killing the deceased and then the remaining accused persons caused firearm injuries to the deceased. After seeing the incident, certain persons reached to place of occurrence and when they exhorted, accused persons fled away from the spot. Within ten minutes of the incident written report Ex.Ka.1 was lodged by Rakesh Kumar Maheshwari (PW-1), nephew of the deceased, based on which FIR was registered under Section 307 of IPC against four accused persons including appellants. Injured was taken to Community Health Centre, Ujhani, District Budaun, from where he was shifted to District Hospital, Budaun and then he was taken to a private hospital at Bareilly, where he died at about 2:00 pm during treatment. In the meanwhile, when the injured was in the District Hospital at Budaun, his dying declaration Ex.Ka.13 was recorded at 10:50 am by the Executive Magistrate (PW-7).
(3.) After the death of the deceased, inquest on his dead body was conducted vide Ex.Ka.2 on 19.4.2004 and the body was sent for post-mortem which was conducted on the same day vide Ex.Ka.12 by Dr. S.K. Garg (PW-6).;