PANKAJ NAQVI,J. - (1.) This criminal appeal is preferred against the judgment and order dated 16.12.1987 by the 1st Additional Sessions Judge, Banda in S.T. No.362 of 1986 (Case Crime No.1193 of 19856) convicting the appellants to life under Section 302 IPC. The prosecution case in brief is as under:- P.W-1 on 13.9.1986 at around 9.30 AM was on way to Banda Hospital to take medicine along with Ram Sanehi (P.W-2) who was to purchase grocery. Prem Prasad (deceased) brother of P.W-1 after performing his morning chores relating to live stock had gone to bathe in the compound of one Asharam Lohar while the other brother Chunnu (not examined) was also preparing himself for a bathe. The moment Prem Prasad after hanging his kurta went towards the hand pump, P.W-1 and 2 heard call for exhortations that he i.e, Prem Prasad be not spared. P.W-1 and 2 turned back to see that accused Sampat and Harikishan armed with rifle, ChandraPal and Babulal with guns went near Prem Prasad, fired shots at him who fell down and succumbed at the spot. The accused after extending threats fled from the scene. P.W-1 further alleged that there is previous existing enmity with the accused.
(2.) On above allegations P.W-1 scribed a report (Ex Ka.1) went to the police station at a distance of 12 kms to lodge F.I.R (Ex Ka.3) as Case Crime No.1193 of 1986 under section 302 I.P.C against above named accused persons.
(3.) All the 4 accused were charged under Section 302 IPC which they denied and claimed to be tried.;