(1.) Both the above mentioned appeals arise out of the same judgment and order dated 20-10-1981 passed by the then Sessions Judge, Hamirpur convicting Mahesh Tiwari appellant of Criminal Appeal No. 2576 of 1981 under Section 302 and sentencing him to imprisonment for life and also convicting appellants, Sukhdev, Kuddus and Lallu alias Dau of Criminal Appeal No.2420 of 1981 under Section 302 read with Section 34, I.P.C. and sentencing each of them to imprisonment for life.
(2.) The prosecution case, as revealed in the F.I.R. and the evidence on record is that on 29-11-1980 at about 1.30 p.m. accused Mahesh Tiwari along with co-accused Sukhdev, Kuddus and Lallu alias Dau were moving near "Narihya Nala" in Qasba Panchamdiha. Mahesh Tiwari was having a country made pistol in his hand which he was brandishing while moving on the road. Seeing this unusual act of Mahesh Tiwari, a group of teen-aged children, perhaps out of curiosity, collected around Mahesh Tiwari. Seeing children assembling, accused Mahesh Tiwari challenged them asking them to go away otherwise he would shoot them. To this the children did not pay any heed, whereupon accused Kuddus took country made pistol from the hands of Mahesh Tiwari, loaded a cartridge in it and then gave it back to Mahesh Tiwari saying "Mar do Salo Ko" Co-accused Lallu and Sukhdev are also alleged to have exhorted Mahesh Tiwari to fire on the children. Mahesh Tiwari then fired a shot from country made pistol causing fire arm injuries to two children, namely, Ram Autar aged about 12 years and Pradeep Kumar aged about 14 years. Each of them sustained one gun shot injury. Ram Autar died on the spot while Pradeep Kumar was carried to hospital by some persons present on the spot but before he could be given any medical aid he also expired. The incident is said to have been witnessed by Mohan Lal, P.W. 2, Bhagwan Din, P.W. 3, Ram Prakash Mishra, P.W.4 and several others.
(3.) P.W.2 Mohan Lal, one of the eye-witnesses went to police station, Sumerpur which was situated at a distance of four furlongs from the place of occurrence and lodged report Ex. Ka 3 which he got written by Ram Narain. On the basis of this written report case was registered at the police station at 2.15 p.m. on the same day. Shri A.R. Tripathi, P.W. 7 was the Station Officer. Since case was registered in his presence he took up the investigation and recorded the statement of first informant Mohan Lal. Thereafter he proceeded to the scene of occurrence and held inquest on the dead body of Ram Autar which was found at the scene of occurrence. Dead body was then sent for post mortem examination under seal. Investigating officer then made inspection of the scene of occurrence, prepared site plan Ex. Ka 12, collected samples of plain and blood- stained earth, and took into his custody empty cartridge and pellets through memo Ex.Ka 13. He further took in his possession one pair of Chappal, Jhola (Bag) and some books of Ram Autar and gave them in supurdi of Vijay Bahadur, through memo Ex. Ka 4. He also held inquest on the dead body of Pradeep Kumar and the same was sent to mortuary for post mortem examination.