- (1.) U. S. Tripathi, J. The above four ap peals have been preferred by respective appellants against the judgment and order dated 30- 9-1980 passed by Sri S. K. Ag-nihortri, the then 6th, Additional Sessions Judge, Aligarh in Session Trial No. 532 of 1979 convicting the appellants under Sec tion 396 I. P. C. and sentencing them to imprisonment for life.
(2.) ALL the appeals arise out of same judgment and common questions of fact and law are involved in all the four appeals and, therefore, these appeals are taken up together for decision by a common judg ment. The prosecution story, briefly stated, was that Heera Lal deceased, Aidal Singh deceased and Bhagwat Singh (P. W. 2) were real brother and residents of vil lage Ratanpur, P. S. Sikandararau, District Aligarh. Appellants Harpal and Sukhpal were real brothers and first cousins of Bhagwant Singh (P. W. 2), Heera Lal and Aidal Singh deceased. Appellant Ajanti resident of Sikandarpur, P. S. Akbarabad was allegedly Sarhu of appellant Sukhpal and sister of appellant Munna Giri was married in the village of Bhagwant Singh (P. W. 2 ). Chhote Giri and Jamuna Giri of the said village had executed sale deed on 13-7-1979 in favour of appellant Sukhpal regarding Abadi land. Subsequently, on 20-7- 1979 a sale deed of the same land was executed by Chanda Giri (P. W. 3) in favour of Bhagwant Singh (P. W. 2), Heera Lal deceased and Aidal Singh deceased. The execution of above sale deeds gave rise to criminal litigation and proceedings under Sections 107/116 and 145 Cr. P. C. were initiated between Bhag want Singh (P. W. 2), Heera Lal deceased, Aidal Singh, Chandan Giri (P. W. 3) on one side and appellant Sukhpal and their ven dors on the other side and the vendees on each side were asserting their rights over said Abadi land. Bhagwant Singh (P. W. 2) had his house on the south western corner of the village. His house faced towards west, towards Rasta. In front of his house he had his Sahan (Ghera ).
(3.) ON the evening of 1-9-1979 at about 7. 45 p. m. Bhagwant Singh (P. W. 2) was sitting in his Sahan (Chauk) along with his elder brother Heera Lal deceased, Chhabi Nath Singh, Kundan Singh, Tikam Singh and others. A lighted lantern was placed there. Another lighted lantern was inside the house wherein his younger brother Aidal Singh deceased, his wife Smt. Laungsree (P. W. 5) and other ladies and children were busy in preparing and taking their meals. Chandan Giri (P. W. 3) was passing through the Sahan of Bhag want Singh (P. W. 2), after performing pooja in the temple and he was called by Chhabi Nath, Samadhi of Heera Lal deceased and he also joined them. At about 7. 45 p. m. 15-20 dacoits armed with country made pistols, lathis and spears came to the Ghera of Bhagwant Singh (P. W. 2) and started firing on the persons sitting there. The shots hit Heera Lal deceased and Chandan Giri (P. W. 3 ). Thereafter, the dacoits entered into the house of Bhagwant Singh (P. W. 2) and shot at Aidal Singh deceased and caused in juries on Smt. Laungsree (P. W. 5 ). They enquired about house hold properties and while leaving the spot removed 12 bore licensed gun of Aidal Singh deceased. In light of lantern and moon light appellants Sukhpal, Harpal, Ajanti and Munna Giri were recognised by the witnesses present in the Ghera and inside the house. The other dacoits were recognised by their faces. Bhagwant Singh (P. W. 2) along with other villagers was taking the injured per sons Heera Lal, Aidal, Smt. Laungsree (P. W. 5) and Chandan Giri (P. W. 3) to hospital but in the way entrusting injured persons to others to take them to hospital he went to P. S. Sikandararau where he lodged a written report (Ext. Ka. 5) at 9. 15 p. m. Chik F. I. R. (Ext. Ka-1) was prepared by Head Constable Shiv Naram Singh (P. W. 1), who made an endorsement at G. D. (Ext. Ka. 2) and registered a case under Sections 395/397 I. P. C. against the appellants and other unknown dacoits. The injured Heera Lal, Aidai Singh, Smt. Laungsree (P. W. 5) and Chandan Giri (P. W. 3) were medically examined between 9. 45 and 11. 00 p. m. on 1-9-1979 at Primary Health Centre, Sikandararau by Dr. S. K. Jha (P. W. 8) who found following injuries on the persons of respective injured:- Injuries of Heera Lal: 1. Lacerated wound 3. 5 cm x 2. 5 cm x depth not probed on the middle of abdomen just above the umblicus. Advised X-ray. Patient's condition was poor, pulse poor and weak, D. P. low. Referred to M. S. Hospital, Aligarh for admission. Nature of injury was kept under observation and it was fresh in duration. Injuries of Aidal Singh: 1. Lacerated wound 4. 25 cm x 1. 5 cm x Depth not probed on the left side of chest 11. 5 cm below left nipple. Advised x-ray. 2. Lacerated wound 2 cm x 1. 5 cm x depth not probed on the right side of chest lower part on the posterior axillary line. Advised x-ray. 3. Multiple abrasion in an area of 16 cm x around injury No. 1. Condition of patient was poor, pulse slow, weak and low in vol. B. P. low, referred to M. S. Hospital, Aligarh. No charring or blackening seen around injury No. 1. Nature and object kept under observation. Injuries were fresh in duration. Injuries of Smt. Laungsree: 1. Contusion 4 cm x 1. 5 cm on the left shoulder. 2. Contusion 3 cm x 1. 5 cm on the right shoulder. 3. Contusion 5 cm x 2 cm on the outer part of right upper arm middle parts. 4. Contusion 6 cm x 2 cm on the right scapular region. 5. Contusion 10 cm x 2 cm on the right side of back 7 cm below lower angle of scapula. 6. Contusion 4 cm x 1 cm on the left side of back. Patient's condition was poor, kept under observation, referred to M. S. Hospital, Aligarh. Nature kept under observation. Injuries were caused by hard and blunt object and were fresh in duration. Injuries of Chandan Giri: 1. Lacera'ed wound 1 cm x. 25 cm x muscle deep on the back of left hand. Advised x-ray. Injury was simple in nature. Object under observation and fresh in duration. Doctor prepared injury reports (Ext. Ka-8 toka. ll. ). The investigation of the case was taken by Sri Sardul Singh Uppal (P. W. 10) who after interrogating Head Moharrir and some other witnesses at the police sta tion reached place of occurrence. He in spected the place of occurrence and prepared site plan (Ext. Ka. 17 ). Healso took into possession blood stained and simple earth from the spot and prepared recovery memo. Thereafter, he interrogated Bhagwant Singh (P. W. 2), Chandan Giri (P. W. 3) Smt. Laungsree (P. W. 5), Kundai Singh (P. W. 6) and other witnesses.;