Judgment

U.S. Tripathi, J.— This appeal has been directed against the judgment and order dated 13.11.1981 passed by V Additional Sessions Judge, Etawah in Sessions Trial No. 262 of 1981 convic-ting the appellants Man Singh, Virendra Bahadur Singh and Surendra Bahadur Singh under Section 302 IPC and sen-tencing them to undgergo imprisonment for life.

2. Appellants Virendra Bahadur Singh and Surendra Bahadur Singh are real brothers and residents of village Karwawatu. Appellant Man Singh is resident of village Turikpar. Nazim @ Phakkari deceased, his father Bhajan (P.W.1) and wife Smt. Tar Chand (P.W.2) were also residents of village Karwa-watu, P.S. Auriaya, District Etawah. Prior to occurrence of this case, cousin brother of appellant Virendra Bahadur Singh was murdered and Nazim decea-sed was an accused in the said case. However, the above case ended in acquittal. On account of it there was enmity between the parties.

3. Nazim deceased was carrying a cycle repair shop near culvert of Dudhiyakhera canal in village Kar-wawatu, at a distance of about 2 km. from kasba Auraiya. On the morning of 6.3.1981 at about 10 a.m Nazim @ Phakkari deceased was present at his above cycle repair shop. His father Bhajan (P.W.1) was sitting on the culvert of canal. Smt. Tar Chand (P.W.2), wife of the deceased had come to the above shop with the meal of the deceased and leaving the meal at the shop she was also sitting near Bhajan (P.W.1) Appellants Virendra Bahadur Singh and Surendra Bahadur Singh armed with guns, appellants Man Singh armed with country made pistol and krishan Narain @ Krishna Gopal alias Chhutkaiya (acquitted by the trial Court) armed with knife came to the shop of the deceased. Appellant Virendra Bahadur Singh exhorted and on his exhortation all the appellants Virendra Bahadur Singh, Surendra Bahadur Singh and Man Singh fired by their respective weapons on the deceased, due to which he fell down and died. Bhajan (P.W.1),Smt. Tar Chand (P.W.2), Sahjad, Umar Farooq and one another person of the village saw the occurrence.

4. Leaving the dead body on the spot Bhajan (P.W.1) came to the police station Auraiya, where he got prepared report (Ext. Ka-1) from the scribe and lodged the report at the police station at 11.10 a.m Chik F.I.R. (Ext. ka-2) was prepared by Head Constable Rajjan Lal Trivedi (P.W.3), who made an endorse-ment of the same at G.D. report (Ext. ka-3 )and registered a case against the appellants and Krishna Narain under Section 302 IPC.

5. The investigation of the case was taken up by Sri Abdul Salim Khan, Station Officer, P.S. Auraiya (P.W.4).The I.O. interrogated Bhajan (P.W.1) at the police station and thereafter reached to the spot. He appointed Punchas and conducted inquest of the dead body of deceased and prepared inquest report (Ext. ka-4) and other relevant papers (Ext ka-5 to 9). He inspected place of occurrence and prepared site plan (Ext. Ka -10). The I.O. took into possession blood stained pair of chappals, blood stained and simple earth and prepared recovery memo (Exts. Ka -11 and Ka-12 ). He also interrogated Smt. Tar Chand (P.W. 2).

6. The autopsy on the dead body of the deceased was conducted on 7.3.1981 by Dr. Arun Praksh (P.W.5), who found two gun shot wounds of entry two gun shot wounds of exit and two lacerated wounds on the person of the deceased as ante mortem injuries and cause of death, due to shock and haemorrhage. The doctor prepared post- mortem report (Ext. Ka-17).

7. On 8.3.1981 the I.O. interro-gated other witnesses of the F.I.R. and searched the appellants, but they were absconding. He executed processes under Sections 82/83 Cr. P.C. against the appellants. On completion of inves-tigation the I.O. submitted charge sheet (Ext. Ka-10) against the appellants and Krishna Narain.

8. Cognizance of the case was taken up by Magistrate, who committed the case to the Court of Sessions. The appellants and Krishna Narain were tried for the offence punishable under Section 302 IPC and in the altern