JUDGMENT :

Hon'ble Sunita Agarwal, J.

Heard Sri Anurag Pathak learned counsel for appellants Nos. 2 to 5 and Sri Rupak Chaubey learned A.G.A. for the State-respondent.

2. This appeal is directed against the judgment and order dated 27.2.2007 passed by the Additional Sessions Judge, Fast Track Court No. 01, Jalaun at Orai whereby the four appellants herein namely Mata Prasad Verma, Prem Narain Verma, Amit Kumar and Harish Chandra have been convicted for the offence under Section 302 readwith Section 34 IPC and sentenced for life imprisonment with fine. The appellant Mata Prasad Verma was fined for Rs. 8000/- and in case of default, he would undergo six months additional simple imprisonment. The appellants namely Prem Narain Verma, Amit Kumar and Harish Chandra were fined for Rs. 10,000/- each and the default punishment for them is one year additional imprisonment. Appellants Prem Narain Verma and Amit Kumar have also been convicted under Section 4 /25 ARMS ACT and sentenced for one year rigorous imprisonment with fine of Rs. 2,000/- each; the default punishment is three months additional simple imprisonment. Appellant Vimlesh Kumari has been convicted under Section 302 readwith Section 114 IPC and sentenced for life imprisonment with fine of Rs. 5000/-; the default punishment is three months additional simple imprisonment. The punishments are to run concurrently so far as appellants Prem Narain and Amit Kumar.

3. The prosecution story began with a First Information Report lodged by Ramkhilawan son of Kallu. In the written report, it was stated that the maternal uncle of the informant namely Om Prakash got married with Smt. Vimlesh Kumari daughter of Mata Prasad in the year 1997. After one year of marriage, dispute arose between them and Vimlesh Kumari lodged a complaint under Section 498-A IPC against Om Prakash, deceased Kallu Verma and his wife. A compromise had been arrived between the parties in the said dispute and all the accused were held not guilty, but Mata Prasad, his sons and Vimlesh Kumari were carrying grudges. On the fateful day, i.e. 27.3.2005 at around 7:30 p.m., the deceased father of the informant was at home, Harish Chandra son of Mata Prasad came to call him on the premise that some relatives who came to his home wanted to talk to the deceased. Harish Chandra son of Mata Prasad went back and believing him, the deceased father of the informant as also Santosh, Kulvendra, Vikram and Ram Prakash (who were behind the deceased) went towards the house of Mata Prasad. On the way, accused Prem Narain, Amit Kumar and Mata Prasad, were present carrying weapons looking for the opportunities. As soon as the deceased reached at that place, they caught him, Mata Prasad and Amit started giving blows of knife. The deceased entered in the nearby house to save his life. He was dragged out of the house and Prem Narain killed him by opening fire from a country made fire-arm. The deceased died on the spot. The incident was witnessed by Santosh, Vikram and Ram Prakash. The assailants ran towards their house while firing and as such neither the witnesses nor neighbours on the spot could catch hold of them. It is then stated that the father of the informant was killed at the instance of Vimlesh Kumari in connivance with her father and brothers. The informant then stated that the incident had occurred at around 8:00 p.m..

4. The Constable Moharrir PW-3 stated that on the written report, he registered the case and Check report as Check No. 107/05 was prepared in his handwriting and signature, which was proved as Exhibit Ka-2. The G.D. entry No. 35, time 21:15 hours dated 27.3.2005 was proved by bringing carbon copy on record, marked as Exhibit Ka-3.

In cross, PW-3 stated that he was on duty when the First Information Report was brought and denied the suggestion that the report was lodged at the instructions of the Investigating Officer or in his presence. The suggestion of the report being ante-timed was categorically denied by PW-3. It