(1.) THE present appeal has been filed against the judgment and order dated 22-5-1980 passed by the then Additional Session Judge, Fatehpur in Session Trial No. 244 of 1979 convicting appellant No. 1 under Section 302, IPC and appellant No.2 under Section 302/34, IPC and sentencing each of them to imprisonment for life.
(2.) AT the out set it may be mentioned that as far as appeal of appellant No.1 Munni is concerned, the same has abated on account of his death during the pendency of appeal.
(3.) MAJHIL Singh PW-1 took injured Kallu Singh to Police Station Kotwali and lodged written report Ex Ka. 1 at 3.15 a.m. On the basis of the written report case was registered and investigation started. Kallu Singh was sent to District Hospital, Fatehpur where he was medically examined by Dr. B.R. Bajpai PW-7 at 5.00 a.m. He found a number of gun shot injuries on the person of Kallu Singh with two exit wounds.