The conviction of the appellants for double murder was upheld as the prosecution proved guilt beyond reasonable doubt through credible witness testimonies and medical evidence, despite the absence of recovered weapons.

JUDGMENT :

(Per: Rajan Roy, J. )

1. Heard Sri B.M. Sahai, learned counsel for the appellant nos.3, 6, 8 & 10 and Sri Umesh Chandra Verma, learned A.G.A. for the State.

2. This is an appeal under Section 374 Cr.P.C. against the judgment and order dated 26.07.1986 passed by Special Judge, Unnao in Session Trial No.261/1984 lodged at P.S.-Asiwan, District-Unnao sentencing each of the appellants to undergo life imprisonment under Section 302 read with Section 149 I.P.C. and two years' rigorous imprisonment under Section 148 I.P.C.

3. Out of the ten appellants who had filed this appeal only appellant nos.3, 6, 8 & 10 are alive. The appeal with regard to others has already been dismissed as abated.

4. It is a case of double murder.

5. The case of prosecution in nutshell is that there was a prior enmity between the accused and the deceased. Some of the accused had fired upon him earlier which led to a criminal case. He was a witness in another murder case involving some of the accused. A year ago, these persons had falsely implicated the deceased and Informant in a case in which they had been acquitted by the Sessions Court. A couple of months ago, deceased was attacked with bombs etc which led to another criminal case between the parties. As regards the case at hand, the informant's side had purchased some land in village-Mirzapur, P.S.-Asiwan. The boundaries of the said land were being marked and repaired. On 31.12.1983 at about 09:00 A.M., the Informant along with the deceased-Gauri Shankar, brother-Sundar Lal and one Hari Pal Yadav had also gone for the said purpose. Sundar Lal was carrying his revolver. Mahabali Yadav, Puttilal Yadav and Raghuraj Yadav were also repairing the boundaries (Medh) on his fields. As soon as they reached their newly purchased land, the accused came out of the sugarcane fields situated towards north-west of the informant's agricultural field. Some of the accused were armed with rifle, guns while others with Kulhari etc. Gore Singh and Nawab Singh exhorted the other accused to kill Gauri Shankar and Sundarlal. All the accused fired with rifles and guns upon them with common intent to kill. Informant's father and brother were slightly ahead of him. They ran towards the 'Purab Tal'. Sundarlal fired from his revolver in defence. The informant and Haripal ran towards the south. The accused surrounded his father and brother towards the east near the mango tree and killed them by firing from their firearms. Gore Singh-the accused took away the revolver of his brother. Gore Singh, Baram Singh and Ramu Singh were carrying rifles and rest were carrying guns from which they fired. The accused-Hemraj was carrying a 'Kulhari'. When the informant's side raised an alarm other villagers including Nanha Singh came. The accused ran away towards the north.

6. F.I.R. was lodged on 31.12.1983 itself at 12:30 P.M. The lodging of the F.I.R. is reasonably prompt considering the distance of the police station which was eight miles from the scene of crime.

7. Post-mortem report of Sunder Lal is Ex.Ka.1. He had twenty injuries on his body most of which were firearm injuries. He also had a lacerated wound on the back of his head i.e. injury no.20. It has come in the testimony of eye-witness i.e. P.W.1-Dr. V.N. Mathur that this injury was caused by kulhari. The cause of death of Sunder Lal is mentioned as shock and hemorrhage as a result of ante-mortem injuries. P.W.1 has proved this