- (1.) The instant appeal arises out of Sessions Trial No. 1239 of 1999, State v. Mitrapal and four Ors. Sessions Trial No. 1239 of 1999The present two Appellants were sent up for trial alongwith co-accused Mitrapal, Brahmpal and Sanjay. These three co-accused were acquitted under Sections 148, 302 read with 149, I.P.C. and Section 307 read with 149, I.P.C. The present two Appellants have been convicted and sentenced to undergo life imprisonment under Section 302, I.P.C. and a fine of Rs. 5,000 each. In default of payment of fine, six months simple imprisonment. The accused Subhash and Mitrapal were also tried for an offence under Section 25, Arms Act after the police had shown recovery of one country made pistol of 12 bore and 2 cartridges of 12 bore from accused Mitrapal and one country made tamancha and one cartridge of 12 bore from Subhash. Recovery was disbelieved and Appellants Subhash and co-accused Mitrapal were acquitted under Section 25, Arms Act.
(2.) The occurrence is alleged to have taken place on 20.7.1999 at 3.15 p.m. near field of Buchcha Singh, resident of Bhikkanpur. According to F.I.R. a written report was given at the police station Sarsawa, district Saharanpur on the same day, i.e., 20.7.1999 at 17.30 hours. The police station is situated at a distance of six kilometres from the place of occurrence. The report was lodged by P.W. 1 Jhandu Singh.
(3.) Two persons namely Tejpal and Sushil both sons of Jhandu Singh P.W. 1 died in the incident. Post-mortem on the body of two deceased was performed by P.W. 4 Dr. V.K. Bhargava on 21.7.1999, the two post-mortem reports are Exs. Ka-2 and Ka-3. Ante-mortem injuries of the two deceased are detailed hereinbelow: Ante-mortem injuries on the body of the deceased Tejpal: 1. Gun shot wound of entry 2 cm. x 1.5 cm. neck cavity deep, left side of neck 8 cm. below Lt. ear. Margins inverted echymosed. 2. Gun shot wound of exit 3.5 cm. x 2.5 cm. Rt. side of neck 7 cm. below Rt. ear. Margins everted and communicating to injury No. 1. 3. Lacerated wound 16 cm. x 14 cm. cranial cavity deep Rt. side head behind Rt. ear on head. Skull bones partially missing, brain matter coming out. Parietal, Temporal and occipital bone broken into pieces. Ante-mortem injuries on the body of the deceased Sushil: 1. Gun shot wound of entry 1 cm. x 1 cm. x neck cavity deep, ahead of neck 2 cm. above supra sternal margins. Margins inverted and echymosed. 2. Gun shot wound of exit 4 cm. x 2 cm. x neck cavity deep on back of neck lower part communicating to injury No. 1. Margins everted with fracture II Ird an IV cervical and vertebra. 3. Incised wound 7 cm. x 1 cm. x bone deep on left side face and jaw just in front of left ear with fracture of left side mandible.;