POONAM SRIVASTAV, J. - (1.)THESE are two criminal appeals on behalf of two accused arising from the judgment and order dated 19.8.2004 passed by the Additional Sessions Judge, (Court No. 19), Allahabad in Session Trial No. 781 of 2002-State Vs. Raju Pasi, Session Trial No. 946 of 2003-State Vs. Lal Chandra and Session Trial No. 782 of 2002-State Vs. Raju Pasi. The appellant Raju Pasi was acquitted in Session Trial No. 782 of 2002 under the Arms Act.
(2.)BOTH the appellants Raju Pasi and Lal Chandra are convicted under Section 302/34 I.P.C. and sentenced to undergo life imprisonment and a fine of Rs. 2,000/-. In default of payment of fine, a further imprisonment of six months.
The occurrence is alleged to have taken place on 12.7.2002 at 6.30 A.M. near puliya of village Naveenpur Police Station Naini, Allahabad. Surendra Pasi died in the incident. The F.I.R. was lodged on the same day i.e. 12.7.2002 at 7.30 A.M. by Virendra, brother of Surendra Pasi at police station Naini which is at a distance of 4 kilometres from the place of occurrence.

(3.)ACCORDING to narration in the F.I.R. which was scribed by Ram Kishun son of Kanhaiya Lal, resident of 81A/2 Bhavapur, Police Station Kareilly, Allahabad, it is alleged that the accused Raju Pasi used to tease and misbehave with the daughter of Phool Chand Kachhi. This was objected by the deceased and there was a verbal altercation 3-4 months before the present incident. The grudge was nurtured by Raju Pasi. On 12.7.2003 at about 6.30 A.M. the first informant along with PW-2 Dinesh and deceased on his Hero Puch No. UP-70J 7092 accompanied by Jugunu son of Cheena (12 years of age) had gone to pluck flowers at about 6.15 A.M. After plucking flowers, they went to sell it in the Phool Mandi. While returning from Phool Mandi for their village at about 6.30 A.M., the incident took place. At the time of occurrence when they reached at the tea shop of Gangadei, two accused appellants along with one unknown person who were also sitting at the tea shop, colluded their cycle with Hero Puch and deceased Surendra fell in a Nali, two fires were shot at. The deceased Surendra ran to save his life but the three accused caught him in front the house of Mammu Lal Kushwaha and both of them fired two more shots at Surendra and the unknown assailant slaughtered his neck with his knife. The accused Raju Pasi surrendered in the court on 1.8.2002, recovery of 315 bore country made pistol at the pointing out by Raju Pasi was made on 8.8.2002. Raju Pasi disclosed the name of unknown assailant as Soni.