Anil Kumar Srivastava-II, J. –

Shri Nagendera Mohan, learned counsel for the appellant Abbas and Zakir Ali, Shri I.B. Singh, learned senior counsel for the appellant Sharafat Ali and Shri S.H. Ibrahim, learned counsel for the appellant Alla Zahur and Mrs. Madhulika Yadav, learned AGA for the State were heard at length. Learned counsel for the complainant was also heard.

2. Since all the appeals have arisen out of a single judgment, hence, all the appeals are being decided by single judgment.

3. Criminal Appeal No.427 of 2005, Criminal Appeal No.438 of 2005 and Criminal Appeal No. 233 of 2005 have arisen out of the judgment and order dated 17.1.2005 passed by Sessions Judge, Sultanpur in Session Trial No.450 of 2002; State v. Zakir Hussain and Others arising out of Case Crime No.488 of 2002, under Section 302/34, Police Station-Gauriganj, District-Sultanpur whereby learned Trial Judge has found the accused appellants guilty for the offence punishable under section 302 I.P.C. read with Section-34 IPC and sentenced them with imprisonment of life.

4. According to the prosecution, there is enmity between the family of complainant Ram Shankar Gupta and Sarafat Ali over some property dispute. On 23.8.2002 at 5.30PM, Shyam Lal, brother of the complainant who is a Lekhpal in Tehsil Gauriganj, was coming to house on his Motor Cycle. When he reached near the house of Farooq, Sharafat Ali armed with Pharsa, Zakir Ali armed with Banka, Abbas armed with Gandasa and Allah Zahoor armed with countrymade pistol attacked Shyam Lal. Allah Zahoor fired upon him and exhorted the co-accused to kill. Sharafat Ali, Zakir Hussain, Abbas attacked the deceased Shyam Lal. On hearing the shrieks of Shaym Lal, Phool Chandra, Brijesh Kumar and Rakesh Kumar reached at the spot. Shayam Lal died at the spot. His body was taken to the hospital Gauriganj where doctor declared him dead. FIR was lodged on 23.8.2002 at 8.30PM at P.S. Gauriganj, District-Sultanpur, under Section 302/34 IPC. Investigation was entrusted to the Station House Officer S.P. Gupta. Inquest proceedings were conducted on 24.8.2002. Blood stained and plain soil was recovered from the spot. Site plan was prepared. Body was sent for postmortem which was conducted on 24.8.2000 at 11.30AM. After investigation charge-sheet was submitted against the accused.

5. In order to prove its case, prosecution has examined P.W.1 Ram Shankar Gupta complainant, P.W.2 Phoolchandra an eye witness. P.W.3 S.P. Gupta, investigating officer, P.W. 4 Dr. Q.A Siddiqui who had conducted the postmortem and found following ante mortem injuries on the body of the deceased.

I. Incised wound 16cm.x 2cm. X brain deep in the head 8cm. away from right ear and the left eye was mutilated and beneath it, the bone was cut and brain was coming out of the injury.

II. Incised wound 14cm.x 5cm. from left side of tampel upto right cheek x bone deep and left eye ball badly lacerated.

III. Incised wound 2cm.x 4cm. on the face in the left side in the right side of temporal region from left angle of mandible, glottis deep, nose cut upto glottis.

IV. Incised wound 18cm.x 4cm. from chin to right temporal region, mandible, teeth, tongue cut upto glottis.

V. Incised wound 5cm. X 4cm.x bone deep on the chin.

VI. Incised wound 7cm.x 2cm. on the left hand upper side bone deep.

6. According to the doctor death was caused due to shock and haemorrhage as a result ante mortem injuries. Duration was about 3/4 days. PW-5 CP 434 Shiv Prasad Arya is a formal witness.

7. Appellants have denied the prosecution story and stated that due to enmity they have been falsely implicated. Deceased was Lekhpal who has made illegal allotment of land. He was killed by some unknown persons at some other place.

8. No evidence was adduced in defence.

9. Learned Trial Court, after appreciating the evidence, arrived at the conclusion that prosecution has proved the charges against accused beyond reasonable doubt. Accordingly convicted and sentenced the accused appellants as mention