JUDGMENT :

Nalin Kumar Srivastava, J.

1. Present criminal appeal has been preferred by appellants Amar Singh and Panjabi against the judgement and order dated 6.4.2012 passed by Additional District & Sessions Judge, Court No.1, Kannauj in Sessions Trial No.181 of 2011 (State vs. Amar Singh and another) convicting the appellants for the offence punishable under Sections 302, 394 and 307 IPC and sentencing them to undergo rigorous life imprisonment and a fine of Rs. 10,000/-, ten years rigorous imprisonment and a fine of Rs. 5,000/-and seven years rigorous imprisonment and a fine of Rs. 4,000, respectively, with stipulation of default clause. All the sentences were directed to run concurrently.

2. Brief facts of the case, as culled out from the record, are that informant Mijaji Lal son of Ramadin Yadav, resident of village Mansukhpurwa, Majra Bahosi, Police Station Indergarh, District Farrukhabad gave a verbal information on 28.12.1989 at about 20.30 hours at Police Station Indergarh that on 28.12.1989, his brothers Mewa Lal and Prahlad and nephew Veer Singh had gone to sow wheat in barren land. Mewa Lal and Veer Singh had returned to home, but Prahlad Singh was digging and weeding grass with spade. Amar Singh, resident of the same village, had grudge for about 10-12 years because of the said barren land. When Amar Singh came to know that wheat has been sown in the field, he armed with ‘farsa’, Panjabi armed with ‘sword’, Chaubey armed with Tawal and Nanhu with lathi reached at the field at about 4.00 p.m. and started abusing and beating Prahlad. On his shrieks, Pappi, daughter of Mewaram, who was cutting grass nearby, rushed to the house and informed about the incident. Thereafter, informant armed with licensee gun No. 55380 with belt and eight cartridges alongwith his both sons, namely, Mahendra and Surendra reached the spot. The accused persons left Prahlad Singh and started beating Mewa Lal, Veer Singh and Mahendra Singh and caused injury to every one. Amar Singh snatched the gun with belt and cartridges and ran away towards Majhila. Incident was witnessed by the informant, Pappi, Narendra, Surendra and all other villagers. Condition of Prahlad Singh, Mewalal and Veer Singh was serious.

3. On the basis of the information aforesaid, chik F.I.R. (Ext. Ka-1) was registered at Police Station concerned on 28.12.1989 at 08.30 p.m. under Sections 307, 394 and 324 IPC. G.D. entry was also made at the same time, which is Ext. Ka-6.

4. Investigation of the case proceeded. Injured were sent for medical examination and on the way, Prahlad Singh succumbed to his injuries. The Investigating Officer recorded the statement of witnesses. He inspected the spot and prepared site plan (Ext. ka-8). He also prepared the inquest report (Ext. ka-3) of the deceased and papers relating to post mortem. The Investigating Officer also took the specimen of plain and bloodstained soil from the place of occurrence and prepared the memo (Ext. ka-9).

5. Post mortem of the dead body of the deceased was performed and autopsy report (Ext. ka-2) was prepared by Dr. O.P. Gangwar on 30.12.1989 at 1.10 p.m. On examination of the dead body of the deceased, following ante-mortem injuries were found:

“(1) Lacerated wound 3.5 cm X 1 cm scalp deep left side head 11 cm above left ear.

(2) Abraded contusion 10 cm X 4 cm over left side face involving middle of nose underlying nasal bone and left maxilla fractured.

(3) Lacerated wound 1.5 cm X .5 cm X muscle deep over left side upper lip.

(4) Incised wound 2 cm X .3 cm X bone deep over angle of lower jaw on the left side margin clear cut both angle of sharp.

(5) Incised wound 4 cm X 1 cm X bone deep left side chin , margin clear cut both angle sharp obliquely placed underlying bone cut fracture.

(6) Incised wound 9 cm X 2 cm X muscle deep posterior lateral aspect Rt side upper part neck margin clear cut, both angle sharp.

(7) Incise