The Court affirmed that for conviction under Section 34 IPC, both common intention and premeditation must be proven, which were established beyond doubt in this case.

JUDGMENT :

Vinai Kumar Dwivedi, J.

1. In light of the office report dated 24.11.2025, the appeal is declared to have abated so far as it concerns accused-appellant Nos. 1 and 2, namely, Shailendra alias Rannu and Arvind Kumar. The appeal survives for adjudication only in respect of appellant No. 3, Sanjiv Kumar alias Munmun.

2. This criminal appeal has been filed against the judgment and order dated 17.02.1989 passed by the Special Judge, Shahjahanpur in Sessions Trial No. 383 of 1987 (State versus Shailendra alias Rannu and others), arising out of Case Crime No. 155 of 1987, under Section 302/307 IPC, Police Station- Powayan, District- Shahjahanpur. By the impugned judgment and order, the Special Judge, Shahjahanpur convicted and sentenced the accused-appellants, namely, Shailendra alias Rannu, Arvind Kumar and Sanjiv Kumar alias Munmun under Sections 302/34 IPC to life imprisonment along with a fine of Rs. 100 each, and in default of payment, a further three months' rigorous imprisonment. The Special Judge, Shahjahanpur also convicted the accused-appellants, namely, Shailendra alias Rannu and Sanjiv Kumar alias Munmun under Section 307/34 IPC, and the accused-appellant Arvind Kumar under Section 307 IPC, sentencing each of them to three years' rigorous imprisonment and a fine of Rs. 100, with a further three months' rigorous imprisonment in default. All the sentences were directed to run concurrently.

3. As per the prosecution case, on the basis of a written report (Ex.Ka.1) dated 11.06.1987, submitted by the informant Ishwar Chandra (PW-1), an FIR dated 11.06.1987 (Ex.Ka.5) was registered against the accused-appellants, namely, Shailendra Kumar alias Rannu, Arvind Kumar and Sanjiv Kumar alias Munmun under Section 302/307 I.P.C. The prosecution case is that accused Arvind Kumar alias Lalla, Munmun, and Shailendra alias Rannu were known to the informant Ishwar Chandra prior to the incident. All the accused lived nearby and were familiar with the deceased, Dr. Suresh Chandra Pandey, who was the uncle of the informant (PW-1). On 11.06.1987, during the Teeka ceremony of Pawan Kumar Pandey at Mohalla Kasbhara, P.S. Powayan, a quarrel took place between accused Shailendra alias Rannu and Balesh. After some time, Shailendra returned along with co-accused Arvind Kumar alias Lalla and Munmun, all were armed with country-made pistols and hand bombs. When the deceased Dr. Suresh Chandra Pandey, uncle of the informant Ishwar Chandra, objected to their misconduct, accused Lalla fired at him from close range, as a result of which, he died at the spot. The accused also threw hand bombs. The accused further fired at Balesh and Anil and threw another bomb, resulting in injuries to guests Rajiv, Rajneesh and Krishnanand. Somehow, Balesh and Anil escaped. The incident occurred around 10:45 p.m. in the presence of the informant and others under adequate electric lighting. An unknown caller informed the police, who reached the spot immediately.

4. Investigating Officer Mahesh Narayan Singh (PW-6) took charge of the investigation. He inspected the place of occurrence and prepared the site plan. The Investigating Officer (PW-6) collected various incriminating materials and objects from the scene of the incident, including empty cartridges, bullets, tikli, pieces of glass, slippers, etc., and prepared Exhibit Ka-2. He further sent the collected incriminating m