JUDGMENT (CAV)

Sunil Kumar Panwar, J. - Heard Mr. Rama Kant Sharma, learned senior counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.

2. It would be relevant to mention here that vide order dated 17.09.2019, this appeal stands abated in respect of appellant No. 1 namely Shambhu Singh. However, this appeal is proceeded in respect of appellant No. 2 namely Amrendra Singh.

3. The appellant Amrendra Singh in this appeal has challenged the judgment of conviction dated 23rd of January, 1993 and the order of sentence dated 25th of January, 1993 passed by the learned 4th Additional Sessions Judge, Aurangabad in connection with Sessions Trial No. 110/83/35/87, arising out of Aurangabad (M) P.S. Case No. 197(5) of 1981.

4. By the aforesaid judgment dated 23rd of January, 1993, Shambhu Singh and Amrendra Singh have been convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code (for short I.P.C) and Section 27 of the Arms Act.

5. After hearing the convicts on the point of sentence, vide consequential order dated 25th of January, 1993, the Trial Court sentenced the appellants Shambhu Singh and Amrendra Singh to undergo imprisonment for life for the offences punishable under Section 302 of the I.P.C and rigorous imprisonment for three years each under Sections 201 of the I.P.C and Section 27 of the Arms Act. The Trial Court, however directed that all the sentences awarded against the convicts shall run concurrently.

6. The Sessions Trial in which the impugned judgment and order was passed relates to the First Information Report (in short 'F.I.R') that had been registered on 26.05.1981 in Aurangabad (M) P.S. Case No. 197(5) of 1981 under Section 154 of the Code of Criminal Procedure (in short Cr.P.C) in respect of the incidence that had taken place at village Chokhara at 5:00 P.M on 25th of May, 1981.

7. The prosecution case is based on the fardbeyan of the informant namely Jagarnath Singh, who has alleged that on 24.05.1981, the informant along with his father had gone to the house of Jamuna Singh of village Pidasin for marriage proposal of his sister. On next day i.e. 25.05.1981, they returned from village Pidasin to their own village, but on way, at about 4:00 P.M, they stayed for some time at Deo More where they met co-accused Sheonandan Yadav and at about 5:00 P.M., they reached at Chokhra village. It is alleged that as soon as they reached near the house of Ramchandra Singh, situated in the Gali, the accused persons namely Shambhu Singh, Satnarayan Singh and Amrendra Singh, armed with riffle came from the southern side when co-accused Shambhu Singh is alleged to have fired from his pistol causing gunshot injury on the chest of the father of the informant (P.W. 5). On receiving gunshot injury, he fell on the ground, thereafter, co-accused Satnarayan Singh and Amrendra Singh (appellant) also fired from their pistols to the father of the informant. The informant fled away from the place of occurrence but from the rooftop of his house, he saw that accused Shambhu Singh, Satnarayan Singh and Amrendra Singh (appellant) took away the father of the informant. The informant (P.W. 5) could not go out of his house and save his father because accused Ramashiwan Singh, Subodh Singh, Rambodh Singh, Nand Kumar Singh, Ramprasad Singh, Ramjatan Singh, Sheonandan Yadav and 5-6 unknown persons, armed with lathi, danda and country made pistols had surrounded the house of the informant and made indiscriminate firing in the air. At about 1:00 A.M., the accused persons left the house of the informant. The informant, thereafter went to the police station along with his brother Bishwanath Singh (P.W. 2) and Awadhesh Singh (P.W. 3) and recorded statements. The Police thereafter registered a case and started investigating the matter. On 27.05.1981, a beheaded dead body was found buried near Keshar river situated between village Maya Bigha and Irki. At some distance, the head of the body wa