Pankaj Naqvi, J. - (1.) This criminal appeal arises out of the judgment and order dated 19.3.1986, passed by the Addl. Sessions Judge, Azamgarh in S.T. No.32 of 1984 (State vs. Tilkoo and others), convicting / sentencing the appellant under Sections 302 / 34 IPC to life along with other ancillary conviction / sentences. 1. The prosecution case is comprised of two parts. The first part alleged that on 30.10.1983 at about 11 AM, the deceased had an altercation with appellant no.1 - Tilkoo over boundaries of their fields. Tilkoo with animosity, left for his house and so did the deceased. Around 2.30 PM, the deceased shared the details of altercation with his son / P.W.-1 - the informant at his house. The second part alleged that at about 2.30 PM, Tilkoo armed with lathi, his son Sita Ram with a gandasa (sharp weapon) and grandson Shivchand armed with lathi came outside the house of the deceased extending life threats and went after P.W.-1 and his father, who were at the doors. P.W.-1 ran to rescue himself in the house of P.W.-2, Kuber Yadav (uncle of P.W.-1) and closed the door from inside. The deceased attempted to flee to his house but all the above 3 accused assaulted him with a gandasa and lathis. The deceased fell on account of injuries at his doors. P.W.-1 / Smt. Ram Pyari (mother of P.W.-1), paternal aunt / Smt. Badhiya also came out from house to provide cover to the deceased but in the process, both mother and paternal aunt came to be inflicted with lathi and gandasa blows. The commotion attracted the arrival of P.W.-2 / Kuber, Baldev and paternal cousion Patiram (both not examined) to provide shield to the victim, but they too in the process received lathi and gandasa injuries. P.W.-2, Baldev and Patiram also inflicted lathi blows at the accused in their defence. With the arrival of other villagers at the scene, including Akshaywar (P.W.-3) and Baljeet who saw the occurrence, accused ran towards their house. It was finally alleged that death of father of P.W.-1 was on account of lathi and gandasa injuries used by Tilkoo and others and that entire occurrence was witnessed by P.W.-1 from inside the house as also from the path leading to the jungle. P.W.-1 could lodge the report at 3.15 PM, same day after he could squeeze out time.
(2.) The written report (Ext. Ka-1) became a basis for registration of an FIR (Ext. Ka-21) as Case Crime No.304/1983, under Sections 302/307/323/324 IPC at the P.S. at a distance of 5 kms against the above 3 named accused at 3.15 PM, same day.
(3.) P.W.-8, the Head Constable proved the registration of the FIR at G.D. No.29 (Ext. Ka-22) on 30.10.1983 at 3.15 PM under the signatures of its author with whose handwriting he was familiar.;