Suresh Kumar Gupta, J. - (1.) By this criminal appeal under Section 374 (2) Cr.P.C. , the accused-appellant challenges the impugned judgment and order dated 22.11.2008 passed by Special Judge, Essential Commodities Act, Farrukhabad in S.T. No. 339/1994 (State Vs. Wazid Ali and others) convicting the appellants-accused, Wasid Ali and Munna under Section 302/34 and awarded sentence of life imprisonment and fine of Rs. 10,000/- each and in default of payment of fine, five years additional simple imprisonment. The appellants were also convicted under Section 201/34 I.P.C. and awarded sentence of 7 years rigorous imprisonment and fine of Rs. 3,000/- and in default punishment of two years. All the sentences shall run concurrently.
(2.) Learned sessions court acquitted the accused, Shamshul and Nawab. Record shows that no State Appeal against acquittal has been filed by prosecution.
(3.) The prosecution version unfolded by complainant Akhtar Ali (P.W.1) succinctly is that on fateful day i.e. on 2.4.1994 when he was cloaking tobacco in his field then at 4:00 p.m. his son- -in law-Tahsin was returning to his town Noorpur Gadhai from the township Kampil. When his son-in-law reached near the filed of Ishrar Ali then he saw that accused Wasid Ali, Shamshul, Nawab and Munna, who was already hiding in tobacco field armed with sickle, Shamshul and Nawab was also armed with gun suddenly assaulted Tahsin with the intention to kill him and consequently Tahsin's head was severed from body through sickle and Tahsin died immediately. Afterward the dead body of his son-in-law was burnt with 'patai' and his head was thrown into the north side of the field. When he heard the sound of the noise he shouted and ran to save him but accused started firing with intention to kill him so he could not go near the body due to fear. After listening loud noise people started coming from the village then all the accused fired and fled away toward 'katri'. Half burnt body of Tahsin was lying on spot.;