POONAM SRIVASTAV, J. - (1.) THESE three connected appeals arise out of a common judgment dated 9.9.2008 passed by the Additional Session Judge/Special Judge (E.C. Act), Etah in Session Trial No. 785 of 1998-State Vs. Wajir Singh and others.
(2.) ALL the accused in three connected appeals have been convicted under Section 302/149 I.P.C. and sentenced to undergo life imprisonment and fine of Rs. 10,000/- each. In default of payment of fine, simple imprisonment of three months and conviction under Section 148 I.P.C. to one year R.I. and Rs. 1000/- fine. In default, a further imprisonment of one month. All the sentences were directed to run concurrently. Six accused were tried. One of the accused who was not named in the F.i.R. namely Vijitendra alias Bagga died during pendency of the trial and the case against the said accused stood abated on account of his death. The incident is alleged to have taken place on 15.6.1998 at 5.15 P.M. on Sahawar Road near Sarvodaya Ashram. The F.I.R. which is Ex. Ka-1, was lodged on the same day at 6.05 P.M. There is some controversy regarding time of lodging of the F.I.R. According to inquest, the time mentioned is 6.25 P.M. The report was lodged by Vinod Kumar, brother of the deceased, who was examined as PW-1, at police station Kotwali Nagar, Etah situated at a distance of three kilometres from the place of occurrence.
(3.) THE deceased Todi Singh died in the incident. The prosecution has examined two witnesses of fact namely Vinod Kumar PW-1 and Achal Singh PW-2 brother-in-law (Sala) of the deceased, PW-3 Dr. A.K. Saxena who performed post mortem, PW-4 Indraraj Verma Head Moharrir who proved the chik report, PW-5 Devi Sharan Singh second Investigating Officer, PW-6 S.H.O. Rajvir Singh first Investigating Officer, PW-7 S.I. Tilak Chand who performed the inquest and PW-8 Constable Sallauddin who took the body for autopsy. The appellant Sunil Kumar in Criminal Appeal No. 6439 of 2008 is not named in the F.I.R.;