PANKAJ NAQVI,J. - (1.) This criminal appeal is preferred against the judgment and order dated 23.7.2005 by the Additional Sessions Judge, Court No.10, Ghaziabad in S.T. Nos.875 and 876 both of 1999 (Case Crime No..98 of 1999) convicting the appellants for life under Section 302/34 IPC with fine of Rs.10,000/- each and a default sentence of 6 months each.
(2.) The prosecution case in brief is that on the intervening night of 23/24.4.1999 while sons of P.W-
(3.) , the informant i.e, Nisar (victim) aged 20 years and Akhtar (P.W,5) were sleeping on the terrace and P.W-3 along with his wife (P.W-4) were sleeping in the courtyard, at about 1.15 AM, both the sons shouted "maar diya". P.W-3 and 4 on hearing the cries went to the terrace to see the victim slained with knife injuries in a torch light attributable to accused Noor Hassan @ Noora and Shaukin but the accused managed good their escape along with two unknown. Motive alleged was that a week prior to the occurrence accused had picked up a quarrel with the victim over harvesting of the wheat crop and had extended life threats. The victim with the help of his family members and neighbours was taken to the hospital but died en route. 3. On above allegations a written report (Ex Ka-2) was scribed which became the basis for registering an FIR (Ex Ka-5) as Case Crime no.98/99 under section 302 IPC on 24.4.1999 at 3.30 A.M, at the police station concerned at a distance of 6 kms. P.W-10 is the I.O, in whose presence above case was registered on 24.4.1999. He on the same date obtained the statement of the informant and that of other witnesses. He carried out all the investigation formalities including preparing the site plan (Ex Ka- 10) at the instruction of P.W-3, prepared memo of the torch ( Ex Ka-3) and sent the body for autopsy. He arrested accused Noor Hasan @ Noora on 24.4.1999 and at his pointing out recovered the offensive knife in presence of P.W-1, 2, and 6, from public place. On the basis of this recovery an F.I.R as Case Crime No.100/99 under section 25/4 Arms Act was registered on 27.4.1999 against Noor Hassan @ Noora. After completion of investigation two charge sheets (Ex.Ka-13 and 9) under section 302 IPC and 25/4 Arms Act were submitted by P.Ws 10 and 9 respectively.;