Hon’ble Amar Saran, J.—These criminal appeals arise out of a judgement and order dated 17.10.2006, passed by the Special Judge (E.C. Act)/Additional Session Judge, Badaun in S.T. No. 962 of 1996, State v. Rishipal and others, convicting and sentencing the appellants Rishi Pal, Karu alias Surendra and Harnandan to undergo three months RI under Section 147 IPC. The appellants Rishi Pal and Karu alias Surendra have also been convicted to six months RI under Section 148 IPC. The three appellants Rishi Pal, Karu alias Surendra and Harnandan have further been convicted to imprisonment for life under Section 302 read with section 149 IPC, together with a fine of Rs. 5000 each. In default of payment of fine they have further to undergo three months imprisonment. All the sentences were to run concurrently.

2. When the case was called out in the revised list, as the appellants counsel Sri Ratnesh Nandan Singh, who represented the appellant Karu alias Surendra in Criminal Appeal No. 7733 of 2006 and appellant Harnandan in Criminal Appeal No. 6537 of 2006, and Sri Prem Prakash Yadav and Km. Akansha who represented the appellant Rishi Pal in Criminal Appeal No. 7320 of 2006, chose not to appear, hence this Court proceeded to hear the learned AGA and to peruse the judgement and record of the trial Court and to decide the appeal in terms of the directions given in the case of Bani Singh v. State of U.P., AIR 1996 SC 2439.

3. The prosecution case as set out in the FIR, lodged by the informant Gajveer on 27.10.1993 at 10.10 p.m at Police Station Binawar, district Budaun was that he alongwith his brother Naresh Pal had gone to Kishni Jatav’s house, where they called out to Kishni’s wife to come to their field the next morning for harvesting their paddy. At that time, the appellant Rishi Pal carrying a ‘Gandasa’ and the accused Munendra who was also armed with a ‘Gandasa,’ Guddu, and Karu, who were armed with knives and Harnandan who was armed with a Lathi emerged at that spot and caught hold of Naresh Pal and took him inside Kishni’s house. On the cry of the informant Gajveer, Phoolwati the wife of Kishni came out of the house in fear and went away. On the cries of this witness, Satendra and Bhalrey and others arrived at the spot and saw the appellants and co-accused in the light of torches assaulting the deceased with their respective weapons. On the alarm, the assailants came out of the house and ran away towards the south of the village. Munendra absconded and Guddu was murdered during the trial, hence the aforesaid two persons are not parties in these connected appeals.

4. The prosecution in support of its case has examined the informant Gajveer as PW-1 and Satendra as PW-2. The witness Bhalrey was not examined. Apart from these two eye witnesses, the prosecution examined Dr. V.K. Jadaun as PW-3, who conducted the post-mortem on the body of the deceased on 28.10.1993 at 3.00 P.M at District Hospital, Budaun. PW-4 HC Krishna Gautam was also examined to prove the check FIR and GD entries etc. PW-5 D.K. Baliyan, S.O., P.S. Binawar was the second Investigating Officer, who investigated the case after transfer of the earlier Investigating Officer, the S.O of police station Binawar, namely Sri Indrajeet Singh. The earlier Investigating Officer had also conducted the inquest on the body of the deceased Naresh Pal and prepared the relevant papers which are in his hand writing.

5. One witness DW-1 Smt.Phoolwati alias Phulwa widow of Kishni Jatav has appeared as a witness in defence. The plea of the accused was of denial. It was further suggested by the defence that when the deceased Naresh Pal did not return home in the night, then his family members went to search for him and found his body lying in the house in some other circumstances.

6. The informant Gajveer PW-1, brother of the deceased substantially affirmed his FIR in the Court that he had gone alongwith the deceased to Kishni ‘s house at about 7.00 p.m on the date in question for ca