- (1.) These appeals by special leave arise from the judgment and order dated 23.08.2006 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 5747 of 2003. The Trial Court had convicted six accused persons namely Raghunandan @ Bade Mali, Mahesh, Shiv Singh, Brij Raj, Ram Niwas and Raju Under Sections 148, 404, 302 read with 149 Indian Penal Code and sentenced them to life imprisonment and other sentences. The accused challenged their conviction and sentence by filing Criminal Appeal No. 5747 of 2003 in the High Court. By its judgment under appeal, the High Court affirmed the conviction and sentence of Shiv Singh and Ram Niwas while it acquitted other four accused. The acquittal of those four accused is challenged by the State in Criminal Appeal No. 1189 of 2008 while the conviction and sentence of Shiv Singh and Ram Niwas is under challenge in Criminal Appeal No. 1204 of 2008. Both these appeals are being disposed of by this common judgment.
(2.) PW1 Brij Raj Singh submitted a written report on 01.01.2001 in P.S. Aliganj, District Etah to the effect that on that day he along with his nephew PW2 Shiv Ratan Singh and one Nahar Singh had gone to the bazaar to purchase vegetables. While returning from the bazaar on foot, the brother of PW1 named Raghunandan Singh, who had also gone to the market to purchase vegetables on a cycle, overtook them. When they arrived at the triangular crossing at Kila Road said Raghunandan Singh was about 50 steps ahead of them. Raghunandan Singh was carrying his Rifle on his shoulder. At this triangular crossing all the aforementioned six accused persons who had been waiting, started firing upon Raghunandan Singh, on account of which he died at the spot. The occurrence created a scramble and shopkeepers closed down their shops and started fleeing. According to PW1, the accused had taken away the licensed rifle of the deceased Raghunandan Singh and made good their escape. PW1 further stated in his report that accused Raghunandan @, Bade Mali was armed with licensed double barrel gun while the other accused were also armed with fire arms. The incident occurred at 4:30 p.m. and the aforesaid report scribed by one Ram Babu Singh was submitted at 5:30 p.m., pursuant to which Crime No. 2 of 2001 was registered in P.S. Aliganj.
(3.) As part of investigation, PW6 Sub Inspector Surender Singh Chauhan arrived at the place of occurrence but could not conduct the inquest upon the body of the deceased because of darkness. The inquest panchnama Ext. Ka-16 was prepared at 8 o'clock on the next day i.e. on 02.01.2001. At the spot, three empty cartridges were found, two of.315 bore and one of 12 bore. The body of the deceased was then sent for post mortem examination which was conducted on the same day at 2:30 p.m. by PW3 Dr. Hariom Gupta, Medical Officer, Distt. Hospital Etah and following ante mortem injuries were found: 1) Firearm wound of entry 4 x 1 cm on left side of hip. 2) Firearm wound of entry 1cm x 1cm side of back of chest, blackening present. 3) Firearm wound of exit 2cm x 1cm on right side of chest. 4) Firearm wound of entry 1.5cm x 1cm on right side of back of chest. 5) firearm wound of entry 3cm x 1cm on left side of chest. Blackening present. 6) Lacerated wound 3cm x 1cm x muscle deep on top of skull. On internal examination, both the lungs and pericardium were found lacerated. The cause of death was shock and hemorrhage as a result of the aforementioned ante mortem injuries.;