PANKAJ NAQVI,J. - (1.) This criminal appeal is preferred against the judgment and order dated 9.9.1991 passed by Ist Additional Sessions Judge, Azamgarh in S.T. No. 344 of 1987 (State Vs. Hansraj and Others) convicting the appellants under Sections 302/34 I.P.C. and sentencing each of them to life along with anciliary conviction / sentences. 1- The prosecution case is as under: - (a) The deceased (nephew) had a kerosene / fertilizer shop, who had previous enmity with accused Hansraj Yadav of the same village over non-payment of certain dues. On the day of occurrence i.e, 1.10.1986 in the evening a verbal dual had taken place between the two. On the same day, at around 11:00 at night after the deceased had his dinner at his house, was on his way to the shop to sleep, when he reached the house of accused Hansraj Yadav, accused Hansraj Yadav, Vishnu Yadav sons of Mahavir Yadav and Durbal Yadav son of Kauri Yadav caught hold of the deceased-nephew and started beating him. The victim cried for help, which attracted the arrival of elder brother of the informant, i.e, Sita Ram Yadav and PW-2 (Ram Pher), Ram Raj and Ram Kumar. Ram Adhar also came with a lighted torch to witness that the deceased was being assaulted by all the accused with bricks and danda. PW-1 (informant) requested the accused to let off the victim, but they took him inside their house hurling abuses. The victim was tied inside the house and again assaulted. The accused brought the victim to the police station. (b) On above allegations, an FIR (Exbt. Ka-5), scribed by one Anand Kumar Barnwal came to be lodged by Baburam Yadav (PW-1) as Case Crime no. 116-A of 1987, under Sections 323, 336, 342 and 308 IPC against all the accused persons on 2.10.1986 at 2:00 A.M. The distance between the scene and police station is reported to be 2 kms only. The injured succumbed on way to the hospital. The case was converted to section 304 I.P.C, on 2.10.1986 at 3.05 A.M.
(2.) The trial court charged all the accused persons under Sections 302/34 and 342 I.P.C. They denied the charges and claimed to be tried.
(3.) The prosecution in order to establish its case examined four witnesses i.e. PW-1 / Babu Ram Yadav (uncle of the deceased), PW-2 / Ram Pher (relative of the deceased), both eye-witnesses. PW-3 conducted the autopsy of the deceased and PW-4 is the Investigating Officer.;