MAIKOO AND OTHERS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.3.1991 passed by II Additional Sessions Judge, Shahjahanpur, in S.T. No. 33 of 1990, whereby the appellants Maikoo, Baboo and Badshah have been convicted and sentenced u/s 302 read with section 34 I.P.C. with life imprisonment.

(2.) Heard Mr. Subodh Kumar assisted by Sri Udit Chandra, learned counsel for the appellants and Mr. Ali Murtaza, learned A.G.A. for the State. Perused the lower court's record.

(3.) The facts in brief are that on 19.10.1989, at about 7.00 A.M. the complainant Dinanath along with his uncle (Chacha) Harishwar and aunt (Chachi) Pan Kunwar was working on field. Deceased Harishwar was ploughing the field, his wife Pan Kunwar was picking out dry grass from the field and the complainant Dinananth was cleaning the grass grown on the corners and boundaries ("Mend") of the field when suddenly, accused Maikoo and Babu Ram, both armed with guns and accused Badshah armed with a country made pistol, emerged from the 'Arhar' field adjacent to the field of the complainant. Accused Babu Ram exhorted with the words "vkt vPNk ekSdk gS ekj yks lkys dks" on which, all of them opened fire on Harishwar with intention to kill him. Harishwar ran for his life towards the village, and all the three accused followed him while continuing to fire on him. As a result, Harishwar sustained several firearm injuries, causing his death on the spot. During the hue and cry, witnesses Jograj and Chandrapal reached there and challenged the accused persons. Seeing the witnesses, all the assailants ran away towards the west making good their escape. The assailants being armed with firearms, the informant and the witnesses could not dare to follow them.