B.N. SHUKLA,J - (1.) Challenge in this appeal is to the judgment and order dated 5.5.1981 passed by the vIth Addl. Sessions Judge, Bareilly in S,T. No. 385 of 1980 under section 148, 302 IPC relating P.S, Faridpur, District Bareilly State Vs. Onkar Singh and others (Crime No. 329 of 1979) whereby convicting the appellants under section 148 and 302 read with section 149 IPC and sentencing them to undergo R.I. for one year under section 148 IPC and imprisonment for life under section 302 read with section 149 IPC. Shorn of unnecessary details, as alleged by the prosecution the occurrence took place on 22.10.1979 at 12:00 noon and the first information report was got lodged on same date 15:05 PM. Place of occurrence is village Khateli within circle of P.S. Faridpur, District Bareilly which is 10 miles away from the police station. It is prosecution case that at the time of occurrence Jagdish, brother of the informant Ranveer Singh, was sitting under thatched roof and the informant, Munna, Ram Katori, Sushi la Devi and Brahmpal were sitting at the door of house which was purchased from Ram Katori. Omkar Singh alias Nathu Singh and Nirankar Singh alias Pappu sons of Badshah Singh armed with D.B.B.L guns appeared from north side and on exhortation given by accused Pappu, in order to take revenge relating to murder of his father, ail accused fired shots at Jagdish Singh who in order to save himself ran towards south but accused chased and fired shots at him as a result of which he fell down on the road in front of house which was purchased from Ram Katori and died instantaneously. Witnesses cried and accused ran away towards south. Motive for the crime has also been revealed which relates to murder of Badshah Singh who was father of 2 accused who wielded D.B. B.L. guns and in murder case Jagdish Singh (the deceased) was one of the accused. The informant Ranveer Singh (PW-1) leaving the inmates of the house near the dead body had gone to the police station and lodged the FIR (Ext.Ka.1) which was registered by H.M. Ram Swaroop Mishra. He also made entry in the genera! diary (Ext.Ka.7).
(2.) S.I. Kale Ram (PW-5) reached on the spot on 22.10.1979 and conducted inquest on the dead body of Jagdish Singh and prepared inquest report (Ext.Ka.3) along with relative papers (Ext.Ka.5 & Ka.6). He took blood stained and conditioned earth from the spot (Ext. 1&2) and prepared memo (Ext.Ka.4). He sends dead body in sealed condition for autopsy through constable Herri Raj (PW-3) along with village Chaukidar.
(3.) Dr. S.K. Khare (PW-4) conducted postmortem on the dead body of Jagidsh Singh on 23.10.1979 at 5:20 pm and found the following ante mortem injuries: 1. Incised wound 20 cm x 12 cm x Brain cavity deep on the left side of the fore head to the occipital region. The skull bone are broken in pieces. 2. Incised wound 7 cm x 3 cm x bone deep an the right frontal region connecting injury No. 1. obliquely. 3. G.S.W. of entry two in number average size 1 cm x 1 cm x skin deep on the angle and the ran us of the mandible. 4. G.S.W. of enter 5 cm x 6 cm x muscle deep on the right scapular region upper part. Connecting G.S.W. of exit 8 cm x 8 cm on the top of the right shoulder 3 cm lateral to the root of the neck. Margins charred. 5. G.S. w, of entry in an area of 11 cm x 8 cm x cavity deep six in number average size 1 cm x 1 cm on the left side of the chest lateral to the left nipple. Blackening present. 6. G.S.W. of entry 3 cm x 3 cm x cavity deep with charred margins on the lower part of the back 7 cm above the iliac crest and semi fracture medium pleura. 7. G. S.W. of entry 3 x 3 cm x cavity deep on the upper most part of the left hip adjacent to the medium pleura margins are charred. 8. Multiple G. S.W. in an area 10 x 7 cm (6 in number) average size 1 x 1 cm x cavity deep on the right back opposite injury No. 6. 9. G.S. W. of exit in an area of 5 cm x 3 cm (2 in number) average size 1.2 x. 1,2 cm just below right costal margin. 10. G.S. W. of exit (three in number) in an area of 6 cm x 4 cm on the left side abd. 6 cm below left costal margins. On internal examination he found skull bones broken in pieces, brain lacerated and coming out of sku|l, 7 & 8 ribs fractured, 5-8 left ribs fractured, right and left lungs punctured at 6 & 5 places respectively, peritoneum punctured, stomach empty, small and large intestines punctured at 4 and 5 places respectively, pancreas punctured at 3 places, spleen and both kidneys punctured. Doctor prepared postmortem report (ExtKa.2). He was of opinion that death was caused due to shock and haemorrhage as a result of injuries.;