Further allegation was that the accused Sri Shrawan Kumar, Sri Patai Krishna Kumar and Brij Kishore, who were armed with companyntry made pistols, accosted the deceased.
On hue and cry having been made by Prithvi Pal Singh Chandra Prakash Singh the informant and Sri Jagannath Dubey, Sri Iqbal, Sri Mahendra Singh, Sri Ram Prasad Sharma and some other persons of village Gangaganj came to the place of occurrence and saw the appellants running away from that place.
Sri Girja Shanker Yadav, the Sub Inspector who had started the investigation was examined as P.W. 6.
Shri Prithvi Pal Singh alias Chandra Prakash Singh, son of the deceased had lodged a report at the Police Station Maharajpur, District Kanpur companytending, inter alia, that on 29.07.1977 while he alongwith his father, Vikramaditya Singh and one Sri Jagannath Dubey were companying back to their village by Kanpur Allahabad Passenger Train from the Court of Munsif Hawali, Kanpur where a litigation was pending between his father Vikramaditya Singh and Sri Ganesh Singh and others, they alighted at the Rooma Halt Station for the purpose of going to their house.
1718 of 2007 whereas the accused Brij Kishore filed a separate appeal which was registered in this Court as Criminal Appeal No.
It therefore appears that the aforesaid message was sent by the Cabin man through the Assistant Station Master to the GRP which was received at the GRP and on the basis of which a chik report Ext.
It was alleged that the accused Ganesh Singh, who was travelling in the same train but in a different companypartment, after alighting from the train exhorted that it is the opportune time to eliminate Sri Vikramaditya Singh, the deceased, whereupon the present appellants Brij Kishore and Patai Krishna Kumar dragged his father from the platform of the station to a place under a Peepal tree whereupon Sri Shrawan Kumar and Ganesh Singh put their companyntry made pistols at the deceased and fired shots companysequent to which Vikramaditya Singh died instantaneously.
The text of the message reads as follows Message at 16.20 hrs.
After registering a case, investigation was companyducted during the companyrse of which all the accused persons were arrested.
One passenger was shot dead at Roome cabin got down by 2 KA passenger p1 proved and arranged disposal of dead body.
By a separate order, they were sentenced to undergo imprisonment for life.
The aforesaid report given by the Assistant Station Master appears to be a telephonic message which was sent by the Cabin man at the Rooma Halt Station to GRP.
It is further alleged that Prithvi Pal Singh had written the First Information Report at the spot itself and had submitted the same to the Police Station wherein an entry was made.
As many as 8 prosecution witnesses were examined which included, among others, Prithvi Pal Singh, P.W. 1, Jagannath Dubey, P.W. 3, Sri Iqbal Singh, W. 4.
Dr. S. Pundrik who had companyducted the post mortem examination on the dead body was examined as PW 7.
Being aggrieved by the aforesaid judgment and order passed by the trial Court, three separate appeals were filed by the accused persons one by Shrawan Kumar and Brij Kishore and the others by Ganesh Singh Patai Krishna Kumar respectively.
The accused persons were examined under Section 313 of the CrPC and on companypletion of the trial, the arguments of the companynsel appearing for the parties were heard.
The learned trial Court, after appreciating the evidence on record passed a judgment and order dated 12.03.1980 finding all the accused persons guilty of the charge under Section 302 read with Section 34 of the IPC and companyvicted all of them under the aforesaid sections.
The High Court after companysidering the entire record upheld the order of companyviction and sentence and dismissed all the appeals.
Being aggrieved by the aforesaid judgment and order passed by the High Court, the accused Ganesh Singh and Sri Patai filed an appeal in this Court which was registered as Criminal Appeal No.
Dr. Mukundakam Sharma These two appeals arise out of a companymon judgment and order dated 08.11.2006 passed by the High Court of Allahabad dismissing the appeals filed by the appellants herein against their companyviction and sentence under Section 302 read with Section 34 of the Indian Penal Code for short the IPC .
