J.C.Gupta, Lakshmi Bihari - (1.) -By judgment dated 2.3.1981, passed by the then VIIth Additional Sessions Judge, Bareilly in Sessions Trial No. 357 of 1980, the appellants have been found guilty for committing murder of Pati Ram. While recording conviction, the appellant Badri Prasad was found guilty under Section 302, I.P.C. and other two appellants Munshi and Maiku were found guilty under Section 302, I.P.C. read with Section 34, I.P.C. However, the learned Sessions Judge while passing the order of sentence, has sentenced each of the appellants for life imprisonment under Section 302, I.P.C. read with Section 34, I.P.C. Aggrieved by the said judgment, present appeal has been preferred by the abovenamed three appellants.
(2.) PROSECUTION story in brief is that Chet Ram was uncle of appellant Badri Prasad. He was village Pradhan while deceased Pati Ram was Up Pradhan. About three and half years ago, Chet Ram was removed from the office of the Pradhan and the charge of the office was handed over to Up Pradhan Pati Ram. It is said that on account of this, the accused Badri Prasad started bearing enmity with the deceased Pati Ram. It is further alleged that during the last Assembly election, the accused persons supported one Rana Saheb while the deceased Pati Ram supported the opponent of Rana Saheb. An altercation also took place between the accused Badri Prasad and the deceased Pati Ram during the last Assembly elections. On the day of occurrence, i.e., in the night between 4/5.8.1980, the deceased Pati Ram was sleeping outside his 'baithak'. By his side, Sohan Lal son of Pati Ram and Ram Bharose his brother were also sleeping at the same place on separate cots. The cot of Sohan Lal was about 4 or 5 paces in the west of the cot of the deceased Pati Ram and the cot of Ram Bharose was about 2 or 3 paces in further west of the cot of the first informant Sohan Lal. At about 2 a.m. Sohan Lal woke up on hearing some sound and he saw in the light of lantern hanging on a peg at the door of the 'baithak' that accused Munshi had caught hold of head of Pati Ram, accused Maiku was holding legs of Pati Ram and the appellant Badri Prasad was standing in the east of the cot of Pati Ram. Seeing this, Sohan Lal raised alarm, thereupon Ram Bharose, Shyam Lal and Raghu Nath woke up. Shyam Lal, P.W. 3 is said to be sleeping at his 'baithak' about 50-55 paces away from the 'baithak' of the deceased while Raghu Nath was sleeping on the roof of the house of Sohan Lal which was removed by 12 paces from the 'baithak' of the deceased on the other side of the rasta. All the witnesses are alleged to have assembled near the place of occurrence at a distance of about 4-5 paces from the cot of the deceased. The prosecution story further is that when the witnesses had arrived, in their presence and within their view, the appellant Badri Prasad fired upon the deceased from a country made pistol which he was holding. Thereafter, all the accused persons ran away towards jungle. Pati Ram died an instantaneous death. The witnesses claimed to have identified the assailants in the light of lantern and the torches which they had brought and flashed. Sohan Lal, P.W. 1 then himself scribed F.I.R. Ext. Ka-1 and lodged the same at police station Bhamora at 4.15 p.m. ; distance of police station was three miles from the place of occurrence. The case was registered in chick register and general diary and investigation ensued. S.I. Vidya Dhar Pandey, P.W. 7 took up investigation, recorded statement of Sohan Lal and thereafter proceeded to the place of occurrence with police force. He reached there at about 5.50 a.m. Inquest was held at 6.20 a.m. After preparing necessary papers the dead body of the deceased Pati Ram was sent in a sealed bundle to mortuary for post-mortem examination. Investigating Officer thereafter made inspection of the scene of occurrence and collected blood stained earth, plain earth and pieces of string from the cot where the dead body of the deceased was found. He also prepared site plan and examined the lantern and torches and prepared their memos. He thereafter recorded statements of other witnesses and submitted charge-sheet against all the three appellants on completion of investigation.
(3.) DR. P. K. Bass conducted autopsy on the body of the deceased Pati Ram on 5.8.1980 at 3.45 p.m. He found only one ante-mortem injury, which was as under : "Gun shot wound of entry 2 cm. 2 cm. cavity deep (Rt) side back lower part 6 cm. from midline and 14 cm. above right Gulteal fold, margin inverted lacerated blackening and charring present direction ; anteriorily and slightly upwards. In internal examination iliac bone was found fractured in middle upper part. Peritoneum was punctured posteriorily corresponding to wound of entry. Cavity contained blood approximately one litre. One wadding piece and four shots recovered from there. Stomach contained semi-digested food. One shot was recovered from small intestine and one shot from large intestine. In the opinion of the doctor death had occurred due to shock and haemorrhage due to ante-mortem injury. Report of post-mortem examination is Exhibit Ka-20." At the trial prosecution produced 7 witnesses, of whom Sohan Lal, P.W. 1, Shyam Lal P.W. 3, and Raghu Nath P.W. 4 were the eye-witnesses. P.W. 2 constable Shanti Sawarup deposed that he had carried the dead body of the deceased to mortuary from the place of occurrence. P.W. 5 head constable Jagdish Singh proved the chick F.I.R. and relevant G.D. entries. P.W. 6 Dr. P. K. Bass proved the post-mortem report and further opined that ante-mortem injury was of firearm and was sufficient to cause death in ordinary course of nature. P.W. 7, Vidya Dhar Pandey is the Investigating Officer.;