Hon’ble Surendra Vikram Singh Rathore, J.—Criminal Appeal No. 5722 of 2007-Hori Lal and others v. State of U.P. and Criminal Appeal No. 6855 of 2007-Kalloo v. State of U.P., arise out of a common judgment, hence, the same are being disposed of by a common judgment.

2. Learned counsel for the appellants, learned A.G.A. for the State were heard. We have perused the material available on record.

3. Criminal Appeal No. 5722 of 2007 has been preferred by the appellants-Hori Lal and Nanhku who are real brothers and sons of Panna Lal and Laxmi Kant son of Indrapal and Criminal Appeal No. 6855 of 2007 has been preferred by the appellant Kalloo challenging the judgment and order dated 20.8.2007 passed by Additional Sessions Judge, Kanpur Nagar in Sessions Trial No. 721 of 2005 and Sessions Trial No. 722 of 2005, arising out of Case Crime Nos. 104 of 2005 and 115 of 2005, Police Station Maharajpur, District Kanpur Nagar whereby all the appellants were convicted for the offence under Sections 302 read with Section 34 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs. 5000/-. The appellants were further convicted for the offence under Section 307 read with Section 34 IPC and were sentenced to undergo rigorous imprisonment for a period of four years each and also with fine of Rs. 1000/- each, with default stipulation of three months’ additional imprisonment. The appellant Kalloo was also convicted for the offence under Section 25 Arms Act and was sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs. 1000/- with default stipulation of three months additional imprisonment.

4. All the sentences were directed to run concurrently.

5. At present appellant Kalloo and Hori Lal are in custody and the appellant Laxmi Kant and Nanhku are on bail.

6. Case of the prosecution, as disclosed in the FIR, was that on 7.4.2001 one Gore Lal son of Panna Lal was murdered in which Karan, Tara and Surjan who happens to be sons of complainant Smt. Raj Rani were falsely implicated. Because of that enmity the appellants on 29.4.2005, when Karan and Surjan were sitting on the door of one Siyawati Pasi in village Chhatmara at about 4.00 p.m., brothers of Gorey Lal (deceased of earlier incident) Kalloo, Hori Lal and Nanhku who were real brothers alongwith one Laxmi Kant who was resident of a different village reached at the house of Siyawati Pasi and after taking out their countrymade pistols exhorted to kill them. Appellants Surjan and Kalloo started running to save themselves and they were chased by the appellants for a distance of about half kilometer. Lastly Karan was apprehended in the field of Ram Singh where Kalloo fired at the deceased Karan with his countrymade pistol and caused his death. The appellants also fired at Surjan with their countrymade pistols but anyhow he survived and ran away from there. The incident is alleged to have been witnessed by Surjan and the other persons who were working in their fields. When complainant Raj Rani, after getting the information of this incident, was going towards the place of occurrence then all the appellants met her on the way who were armed with their countrymade pistols and were coming back after committing murder of his son Karan. Seeing the complainant appellant Hori Lal said that “ rqEgkjs yM+ds dju dks iyVk fn;k gSA ”. According to the complainant Hori Lal was a convicted accused in the murder case of her husband and was sentenced with imprisonment for life. At the time of this incident he was on bail in appeal. The complainant made an effort to trace Surjan but she could not succeed and thereafter the FIR of this case was lodged on 29.4.2005 at about 20:05 hours at police station Maharajpur which was at a distance of about four and half kilometers from the place of occurrence.

7. The case of the defence was of their false implication because of the old enmity between the two families.

8. After registration of the case investi