- (1.)Since both these appeals are arising out of same judgment, they are being decided by a common judgment.
(2.)These criminal appeals under section 374 Code of Criminal procedure (for short "Cr.P.C.") have been preferred by the accused-appellants against the judgement and order dated 22.2.2000 passed by Sessions Judge, Unnao in Sessions Trial No. 353 of 1999 , whereby the appellants have been convicted under section 394 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000 and in default thereof to undergo a sentence of two years rigorous imprisonment and further convicted under section 302 read with section 34 IPC and sentenced to undergo imprisonment for life with fine of Rs. 5,000 and in default thereof to undergo a rigorous imprisonment of two years.
(3.)Brief facts for deciding these appeals are that one Radhey Lal has given a written report (Ext. Ka-1) on 6.11.1998 to the Station Officer of police station Kotwali, District Unnao alleging therein that his cousin Dindayal (deceased) on 5.11.1998 at about 1.00 p.m. had gone from his house to Unnnao for purchase of manure. When he did not come back till the evening, his family members were developed anxiety. In the morning of 06.11.1998, he along with Mahesh and Khushi Ram reached Unnao for search of deceased. During search, they came to know that one dead body is lying in the mustard crop near Bone Mill. They went there and saw the dead body which was of Dindayal having gunshot injury on his head. Informant Radhey Lal leaving Mahesh and Khushi Ram and other persons of village-Kashim Nagar near the dead body went, to lodge an FIR at police station Kotwali, District Unnao. On the basis of written report, the FIR was lodged against unknown persons at case crime no. 1201 of 1996 under section 302 IPC, at police station Kotwali, District Unnao on 6.11.1998 (Ext. Ka-3).