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3. FIR dated 7.7.1999 was lodged by Draupadi, w/o Baijnath Mishra, at Police Station Kannauj, District Kannauj, alleging that on 7.7.1999 she was returning to her house from market alongwith her son, Alok Mishra and grand-son, Somant Mishra, when the accused-respondents, who are residents of her locality, were standing armed with knives and country-made pistols in their hands. At about 09:45 P.M., on seeing her son, Alok Mishra, respondent, Kaluwa, exhorted to kill him and respondent, Pawan, fired on him from country-made pistol. After he fell down, all the respondents caused injuries to him by knives. The informant and her grand-son raised alarm, but because of terror of the respondents, people of the locality ran away. Shop keepers pull down their shutters and ran away. Seeing two policemen coming, the respondents ran towards their houses. The policemen could not apprehend any of them. Policemen directed her to go to the police station and lodge FIR and they took her son, Alok, to the hospital. The respondents had committed offence only to grab her house. On oral information given by Draupadi, PW-1, Case Crime No.512 of 1999, under Sections 147, 148, 149, 307 IPC was registered against the respondents and charge-sheet was, accordingly, submitted against them and another co-accused, Ramesh Pandey, who died during trial.

10. PW-2 stated that accused, Pawan and Kallu, had country-made pistols and others had Chhuri in their hands. Kallu exhorted and then Pawan and Kallu fired on his father, which hit him and he fell down. Thereafter, Sushil, Kallu, Vidur, Manish and Ramesh caused him injuries by knife. Electoric bulbs were lighting the place at that time. Policemen suddenly came and chased the accused persons, but in vain. They took his father to Vinod Dixit Hospital and his grand-mother, PW-1, went to the police station to lodge the FIR. In his cross-examination, he admitted that his grand-father, Baijnath, instituted a suit against Ramesh since he had constructed three storey house over the land of his grand-father. The land on the gate of Asgar Ali and Mohammad Ali belongs to his father and hence wood shop has been made thereon. He denied that the aforesaid land belongs to Asgar Ali and Mohammad Ali and they had given the land to Nagar Palika for construction of park. PW-2 also assigned the role of making firing on the injured to Kaluwa and Pawan. The firing was made from a distance of one hand from the front. His father tried to run towards the shop of Naresh, when he was apprehended by all the seven accused. Manish, Vinod and Vidur caught hold him from the waist, thereafter, Pawan and Kallu fired on him. After he fell down, Ramesh and Sushil caused him injuries by Katar on his cheek and head. Both the accused caused two injuries by Katar. Thereafter Manish, Vidur and Vinod pierced Chhuri in his stomach. He suffered five injuries by knife. His grand-mother raised alarm. After 10-15 minutes, police came and took his father to the hospital. Thereafter his grand-mother went to the police station to lodge the FIR. He stated that he informed the police, but if police has not mentioned that two accused were having Katar he cannot tell the reason. Clothes of his father got holes where the fire arm injures were caused. The accused persons constructed three storey house on their land. He denied that the accused, Ramesh, had purchased the land and thereafter constructed house thereon. He admitted that case is pending in court against Ramesh Pandey.

11. PW-3, Alok Mishra, sole injured witness, stated before the trial court that on the fateful day, when he reached the place of incident alongwith PW-1 and PW-2, all the accused persons met him in the way. They had Chaku, Chhuri and Katte, in their hands. Accused, Kaluwa, exhorted that let us kill Alok today and then Pawan fired on him with intention to kill. Thereafter Kaluwa fired on him. Both fires caused him injuries on his left arm and left side chest and he fell down and the other accused, Manish, Vinod, Vidur and Sushil caused him injuries by Chaku and he suffered injuries by Chaku and Chhuri. His mother and son cried for help but because of fear of the accused, no one came. Only policemen came. Accused persons have grabbed his house and hence this incident took place. Earlier also, accused, Ramesh, had made attempt on the life of his father and the case in this regard is pending. At the time of incident, there was sufficient light from the electronic bulbs. He gave the blood stained clothes to the police, which was sealed. Accused, Ramesh Pandey, had constructed three storey house in 1988 attached to western wall of his house. He had old Gomati on the place near the gate of Asgar Ali and Mohammad Ali and there is dispute of ownership regarding the aforesaid land. The land belongs to him and not the Nagar Palika. After he fell down, the police jeep came, but from which direction he cannot remember. Rajendra Yadav and another constable were in the jeep, who took him in the jeep. He was admitted in Hallet Hospital, Kanpur, for 8-10 days. He had informed Investigating Officer that three fires were made on him and thereafter Chhuri and Chaku were pierced in his body. On the place of incident, he was surrounded by the accused persons from all the sides and his mother and son were behind him. Pawan fired on him first from the distance 2-3 steps, which hit his chest. The second fire was made by Kaluwa, which hit his arm from 2-3 steps and thereafter he fell down. Thereafter Kaluwa made another fire, which did not hit him. The third fire hit the pocket of his shirt. Chaku and Chhuri were used for causing injuries like sword, but they were pierced in his body. Vinod, Manish and Ramesh had Chhuri and others also had Chhuris. All accused caused one injury each by Chaku and Chhuri. His statement was not recorded, when he was admitted in the hospital at Kanpur for 8-10 days. When he was admitted in Vinod Dixit hospital, his statement was recorded by the police. He has litigation with Ramesh because of three storey house made by him. The house belongs to him and not to Ramesh Pandey.

21. After considering the aforesaid principles laid down by the Apex Court, we find that PW-1 and PW-2, who are eye witnesses, have proved the incident as it took place. Both have stated that firing was made on the injured, Alok. While PW-1 stated that three fires were made, but she cannot tell, which fire was made by whom which hit injured, Alok. PW-2 stated that Pawan and Kaluwa fired on his father, which hit him and he fell down. The injured witness, PW-3, has stated that Kaluwa exhorted, then Pawan fired on him. Thereafter Kaluwa also fired on him. There is no contradiction in the statements of PW-1, PW-2 and PW-3. PW-1 was admittedly behind PW-2 and PW-3 was 8-10 steps ahead from both of them. PW-2 was only 4-6 steps ahead from PW-1. Therefore PW-2 and PW-3 clearly named the assailants, who caused fire arm injuries to injured, PW-3. PW-1 being more than 20 steps behind could not see, who made firing on PW-1 and she has clearly stated this fact in her statement. The role of firing has been assigned to respondents, Pawan and Kaluwa, by PW-2, while PW-3 has also implicated respondents, Pawan and Kaluwa for making firing on him. PW-3 has assigned the role of exhortation to Kaluwa. Therefore it is clear that with regard to the role of firing assigned to accused, Pawan and Kaluwa, there is no contradiction.