AMAR SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Mangla Prasad Rai, learned Senior Counsel assisted by Sri Ashok Kumar Rai, learned counsel for the appellants; Sri Prem Shankar Prasad, learned A.G.A for the State and perused the trial court record.

(2.) This criminal appeal has been preferred against the judgment and order of Additional Sessions Judge, Fatehpur dtd. 9/11/1989 in Sessions Trial No. 552 of 1987 convicting the appellant nos. 1 and 2 under Sec. 302 IPC and sentencing them to imprisonment for life and convicting appellant nos. 3 and 4 under Ss. 302/34 IPC and sentencing them to life imprisonment.

(3.) The prosecution case, as narrated by Raghuraj Singh, complainant (P.W.- 1) is that on 19/2/1987 complainant, Raghuraj Singh, his daughter, Km. Nanki and his minor son, Arjun, had gone to his field for fetching green leaves. After some time deceased, Kamta Singh, also reached there for collecting the green leaves. After having collected the leaves of the trees, complainant, Raghuraj Singh, Km. Nanki and Arjun, were returning home. Kamta Singh, remained behind them at the field. When complainant, his daughter and his minor son, reached the Khalihan (place of harvesting) of Raj Bahadur which was situated in the Parti (fallow) land it was 12 in the noon. His son deceased, Kamta Singh, went past on the bicycle and was going ahead of them. When he was coming towards the village from the turn through the Kachcha Galiyara accused, Amar Singh, Nankawa Singh, both armed with guns, Iqbal and Bhoodar alias Tej Bahadur, both armed with country made pistool ambushed from the shrubs in the field of Shankar Singh. They stopped Kamta Singh. Iqbal and Bhoodar caught hold of his bicycle and exhorted to kill upon which Amar Singh and Nankawa fired at Kamta Singh with their guns. The shots of the guns hit Kamta Singh. He died then and there. Complainant and his son and daughter raised alarm upon which the accused fled towards the village. Upon hearing the alarm Shakoor Pathan and Pachchu Kewat, also came. They saw the accused persons fleeing.