U.S.TRIPATHI, J. - (1.) THE above appel­lants have preferred this appeal against judgment and order dated 16-7-1980 passed by llnd Additional Sessions Judge, Jalaun at Orai in Sessions Trial No. 150 of 1979 convicting the appellant Ravindra Singh under Section 302, IPCand sentenc­ing him to imprisonment for life and con­victing appellant Damodar under Section 302, IPC read with Section 34, IPC and sentencing him to imprisonment for life.
(2.) THE prosecution story briefly stated is that Guru Narayan, deccased (70) was husband of Smt. Shakuntla Devi, (PW-3) and at the time of occurrence was resid­ing in Mohalla Shiv Puri, PS. Kotwali, Orai District Jalaun. Prior to three years of the occurrence, Brijendra Kumar, son of thedeccased was murdered in which ap­pellant Ravindra Singh and one Surendra, cousin brother of appellant Damodarwere convicted to imprisonment for life. The appellant Ravindra Singh preferred an ap­peal in this Court and was granted bail. At the time of occurrence of this case, he was on bail in the said case. Guru Narayan, deccased was also an accused in the mur­der of one Radhey uncle of appellant Damodar. Guru Narayan, deccased was work­ing at the Petrof Pump of Bhajan Babu in Kasba Orai. Since he had enmity he used to return his house early in the evening. On the evening of 21-7-1979 Guru Narayan, deccased did not return to his house till 6.30 p.m. Smt. Shakuntla Devi, (PW-3), wife of deccased along with her brother PratapSingh (PW-5), who had come to Orai on sameday, proceeded to fetch Guru Narayan, deccased. When they reached near Jalaun Bus Stand on the road, the deccased was seen coming. They accom­panied the deccased and proceeded (owards their house. At about 8 p.m. when they reached in front of the house of Rajendra Kumar Singh, Vakil, appellants Ravindra Singh and Damodar came from behind. Appellant Damodar exhorted and on his exhortation appellant Ravindra Singh fired country made pistof shof upon deccased from behind. On further exhor­tation by appellant Damodar, appellant Ravindra Singh again toaded his pistof, but in the meantime, Smt. Shakuntla Devi. (PW-3) and Pratap Singh, (PW-5) raised alarm, which attracted attention of Mahesh Kumar, (PW-6) and Keshava Sharan, who also rushed to the spot and then the appellants ran away. There was light of electric butb on the street pofes and electric butb's light was also coming from the nearby houses. The appellants were recognised by their names in the above light. Sustaining fire-arm injuries Guru Narayan, deccased fell down. Hcwas taken to hospital on a rickshaw, where he was declared dead. Smt. Shakuntla Devi, (PW-3) herself prepared report (Ext. Ka-4) and lodged the same at the police station Kotwali, Orai at 8.45 p.m. on the same night. Chik FIR (Ext. Ka-2) was prepared' by Constable Clerk, Rang Pal Singh, (PW-2), who made an endorsement of the same at G.D. report (Ext. Ka-3) and registered a case under Section 302, IPC against The appellants.
(3.) , investigation of (he case was taken up by Sri Harbans Singh, Investigating Of­ficer, (PW-4). He reached the hospital collected Punches and conducted inquest of the dead bedy of the deccased and prepared inquest report (Ext. Ka-5) and other relevant papers(Ext. Ka-6 to Ka-8), The dead bedy was scaled and handed over to Constables Bala Prasad and Ram Shankar for post-mortem. Thereafter, In­vestigating Officer interrogated Smt. Shakuntla Devi, (PW-3) and Pralap Singh, (PW-5) and proceeded to place of occur­rence, where he found blood stains and empty cartridge. He collected bloodstains and simple earth as well as empty cartridge from the spot and prepared recover)' memos (Ext. Ka-9 and Ka-10). He also inspected place of occurrence and prepared site plan (Ext. K-ll).;