- (1.) THIS is an appeal against the conviction dated 17.8.1982 and sentence dated 23.8.1982 in ST No. 140 of 1981. The Facts
(2.) THE incident happened at about 7:00am on 31.8.1980. In this incident, Nekse (the Deceased) was killed. His brother Parat Singh (the Informant) lodged the FIR at 8.00a.m. The allegations are that: Ganga Singh has an enmity with the Informant for the reason that the informant had asked him to remove his encroachment from the land; On the date of the incident, the Informant's sister had gone to throw rubbish over the gaon sabha land but Chandan objected to the same; The Informant's sister came back without throwing the rubbish and informed the Informant and the Deceased, when they were taking out chaff from the Burji; The four accused persons {Ganga Singh and Chandan Singh with Spears (Ballam), Rohan and Latoori with lathis} came and started abusing them. They asked them to remove the rubbish; Chandan exhorted others to kill them. The Deceased ran inside the Kotha of his house but Ganga Singh followed him with the spear and killed him; Chandan Singh threw his spear to kill the Informant but it did not strike him as he sat down. It hit the wall and the sharp edge of the spear broke down; The Informant, Harpyari, and Charan Singh (the mother and the younger brother of the Deceased) have received lathi injuries. The police investigated the case and submitted the charge sheet. The case was committed to the Court of Session. It was registered as ST No. 140 of 1981. The Ist Addl. Sessions Judge, Aligarh (the ASJ) framed the charges under Section 323 and 302, read with Section 34 IPC.
(3.) AMONG the others, the prosecution filed the following documents: (i) Recovery memo of blood stained soil (Ex Ka -9); (ii) Recovery memo of plain soil (Ex Ka -10); (iii) Recovery memo of blade of spear (Ex Ka -11); (iv) Injury report of Har Piari (Ex Ka -12); (v) Injury report of Charan Singh (Ex Ka -13); (vi) Injury report of Parath Singh (Ex Ka -14); (vii) Post mortem examination report of Nekse dated 1.9.1980 (Ex Ka -4); (viii) Site plan (Ex Ka -15);