VIJAY BISHNOI,J. - (1.) THIS criminal appeal has been preferred under Section 374 Cr.P.C. against the judgment dated 12.8.1983 passed by learned Additional Sessions Judge, Raisingh Nagar (hereinafter referred to as 'the trial court') in Sessions Case No.24/1982 whereby the learned trial court has convicted and sentenced the accused -appellants in the following manner: - Accused -appellant Nanu Ram: - Under Section 302 I.P.C. Life Imprisonment and a fine of Rs.500/ -, in default of payment of fine, further to undergo six months rigorous imprisonment. Under Section 27 of Arms Six months' rigorous Act imprisonment. Accused -appellants Bal Ram, Kashi Ram, Bhagirath (Now dead): Under Section 302/34 Life Imprisonment and a fine I.P.C. of Rs.500/ -, in default of payment of fine, further to undergo six months rigorous imprisonment.
(2.) DURING the pendency of this appeal, accused - appellant Bhagirath died and consequently the appeal filed by him abated. Brief facts of the case are that on the basis of the statement of Heera Ram (PW 3), recorded by Jagdish Prasad (PW 10) Assistant Sub -Inspector, an FIR (Exhibit 9/A) was lodged on 27.1.1982 at Police Station, Muklawa, District Sri Ganganagar alleging therein that today at about 03:00 P.M. in village Ramawali when Prem Kumar son of Heera Ram was passing through the way in front of the house of accused -appellant Bhagirath, at that time, all the four accused -appellants suddenly came out of that house and after reaching near Prem Kumar, accused - appellant - Nanu Ram fired from a pistol in his stomach and due to which Prem Kumar died.
(3.) THE police after investigation, filed charge sheet against the accused -appellants for the offences punishable under Section 302/34 I.P.C. and Sections 25 and 27 of the Arms Act. After framing of the charges against the accused Nanu Ram for the offence punishable under Section 302 I.P.C. and sections 25 & 27 of the Arms Act, and against the accused appellant Bhagirath, Balwant and Kashi Ram for the offence punishable under Section 302/34 I.P.C., the trial commenced and during trial, the prosecution, in support of its case, examined 12 witnesses and exhibited about 25 documents. The statements of accused -appellants were recorded under Section 313 CrPC and two witnesses were examined in defence and several documents were also exhibited. After conclusion of the trial, the trial court convicted the accused -appellant Nanu Ram for the offence punishable under Section 302 I.P.C. and Section 27 of the Arms Act and sentenced him as aforementioned. The learned trial court also convicted the accused - appellants Bhagirath, Kashi Ram and Bal Ram for the offence punishable under Section 302/34 I.P.C. and sentenced them as aforementioned.;