S.C.AGARWAL, POONAM SRIVASTAV,J. - (1.) THE present three connected appeals arise from a common judgment dated 11.7.2003 passed by the Additional Sessions Judge, Court No. 6, Etawah in Session Trial No. 26 of 2001-State Vs. Shiv Veer Singh and others. Sri Satish Trivedi, Senior Advocate, assisted by Sri Ajay Kumar Pandey Advocate appears on behalf of the appellant Gyanesh alias Pinku, son of Pan Singh who is an appellant in both Criminal Appeal Nos. 3925 of 2003 and 3926 of 2003 along with four others. Sri Jagdish Singh Sengar Advocate appears for all the five appellants Vinod Singh alias Bablu, Mister Singh, Gyanesh alias Pinkoo, Bhura Singh alias Brij Narayan Singh. Sri Dileep Kumar Advocate appears on behalf of the accused in Criminal Appeal No. 3925 of 2003-Mister Singh and four others Vs. State of U.P. and also in Criminal Appeal No. 3266 of 2003. There are 11 appellants in this appeal who are on bail. Five appellants are common in both appeal Nos. 3925 of 2003 and 3926 of 2003 who are in jail since almost 10 years.
(2.) THE Additional Sessions Judge has convicted all the appellants under Section 147 I.P.C. sentencing them to six months R.I., under Section 148 I.P.C. to one year R.I., under Section 307/149 I.P.C. to seven years R.I. and fine of Rs.2,000/-. In default of fine, an additional imprisonment of six months R.I., under Section 302/149 I.P.C. sentencing them to undergo life imprisonment and under Section 336/149 I.P.C. one month R.I. The occurrence is alleged to have taken place on 16.6.2000 in the outer portion of the house of deceased Manni Babu Singh, the other deceased is Ram Naresh Singh who died in the incident that took place on 16.6.2000 at 10.00 A.M. in village Parthara, Police Station Bhareh, Etawah. The F.I.R. was registered on the same day at 11.15 A.M. at the concerned police station which is situated at a distance of 8 kilometres south from the place of occurrence. According to narration in the F.I.R. which was lodged by Brij Bhan Singh PW-1, his father was abused and assaulted by accused Vinod Singh alias Bablu on account of old enmity on the date and time of occurrence. When Manni Babu Singh (deceased) made hue and cry, the first informant rushed to rescue him whereby the accused Vinod Singh alias Bablu brought his 12 bore gun from his house and opened fire. The other co-accused Brij Bhushan Singh and Mistar Singh son of Lallo Singh are also alleged to be armed with 12 bore gun. Gyanesh alias Pinku armed with Tamancha and Bhura Singh with half gun. All the accused armed with fire arm opened fire with an intention to kill all those persons who were present in the house as well as other persons/neighbours who rushed to help inmates of the house. The co-accused Shiv Ram Singh, Shiv Veer Singh, Dharmendra Singh alias Chhulli, Mistar Singh son of Shiv Singh, Binu Singh, Babu Singh, Amar Singh alias Nanna, Veer Singh, Balvir Singh, Satendra Singh, Shatrudhan Singh started pelting stones and exhorting that none of the family members of the first informant should be left alive. The eleven accused who were unarmed started hurling brickbats and stones. Ram Naresh deceased, Brij Kishore Singh alias Chhannu, Ram Lakhan Singh, Puttu Singh, Surjan Singh also arrived at the scene of occurrence and received injuries. Injuries were caused to a number of persons namely Janved Singh, Km. Babli, Brijbhan Singh first informant, Ram Lakhan, Bhoop Singh, Chhanna Singh and Surjan Singh, besides the two deceased Manni Babu Singh and Ram Naresh Singh.
(3.) THE prosecution examined as many as 11 prosecution witnesses. Brijbhan Singh PW-1 who lodged the F.I.R., injured witness Janved Singh PW-2, brother of PW-1 and son of deceased Manni Babu Singh, Bhoop Singh PW-3, Ram Lakhan Singh PW-4, Surjan Singh PW-6 are all injured witnesses. Dr. P.C. Pandey was examined as PW-5 who had examined injuries of Ram Lakhan, Bhoop Singh, Channa Singh, Surjan Singh on 16.6.2000 i.e. on the date of occurrence. Dr. A.K. Gupta was produced as PW-7 who examined injuries of Janved Singh and Brij Bhan Singh on 19.6.2000. Dr. K.D.R. Srivastava was examined as PW-10 who proved supplementary injury reports and X-ray plates of the injured witnesses. Dr. Vinod Sagar PW-9 performed autopsy on the body of two deceased. Ramnayan Yadav was examined as PW-8 who proved chik F.I.R. and corresponding G.D. and S.I. Surendra Singh Investigating Officer was examined as PW-11. Constable Lallu Singh was examined as court witness (CW-1) who proved challan lash and chithhi which were sent to C.M.O. written by Surendra Singh and Sri Santa Pillai, Incharge T.B. Ward as DW-1 to prove the alibi of accused Vinod Singh.;