Pankaj Naqvi - (1.) All the 4 criminal appeals are preferred against the judgment and order dated 11.8.2009, passed by the Addl. Sessions Judge (FTC No.1), Auraiya in S.T No.64/2006, convicting/sentencing the appellants under Sections 302/34 IPC for life along with other ancillary sentences. 1. The prosecution case:- (A) P.W.-1/Shivji (1st informant) alleged that on 6.1.2006, his father (victim) had set aside thorny bushes of a berry plant, which was causing obstruction to the ingress/egress of his house, thereafter, the duo left to have a bath in the nearby bagia (grove). While they were returning near the vacant land of Rameshwar, they came across accused Pappu, Bageesh and Ashwani, all sons of Parsuram and Sarvesh of their village variously armed with axe, dharia (sharp weapon), lathi and danda, started coercing the victim as to why did he place the bushes in the passage. The victim replied that very soon he would lift the bushes. All the accused became infuriated and started assaulting the victim with their respective weapons. The victim cried for help, which attracted the arrival of P.W.-2 (sister of P.W.-1) and paternal aunt Jai Devi (not examined) who attempted to rescue the victim and P.W.-1 but in the process P.W.-1, P.W.-2 and Jai Devi sustained injuries. The accused persons believing the victim to be no more, left the scene. (B) P.W.-1 carried the victim, in an unconscious state in a tractor along with to the C.H.C., Auraiya where he was referred to Halett Hospital, Kanpur. The victim succumbed enroute to Halett Hospital. P.W.-1 returned to his house, left the body and went to the P.S. at a distance of 8 kms, with a written report (Ext. Ka-1) scribed by one Santosh Tiwari which was registered as Case Crime No.3/2006, under Sections 302/307/323 IPC on 6.1.2006 at 9.30 PM against above acused persons. (C) P.W.-7 is the I.O. He entered the contents of the FIR in the case diary, obtained the statements of P.W.-4, the Head Moharrir, thereafter, left for the scene along with P.W.-5, an S.I. who conducted the inquest (Ext. Ka-5) which commenced same day at 10.30 PM to conclude at 11.45 PM. After inquest he got the body sealed and sent the same along with relevant police papers in the custody of 2 named constables. P.W.-6, Medical Officer In-charge at Naveen P.H.C., Phaphund, Auraiya examined the injuries of P.W.-1, P.W.-2 and Jai Devi on 7.1.2006 between 10.30 AM to 10.50 AM. Their injury reports are Ext. Ka-10, 11 and 12 respectively. P.W.-3, the medico at District Hospital, Etawah conducted the autopsy (Ext. Ka-2) of the victim on 7.1.2006 at 1.30 PM. P.W.-7 apart from conducting other investigational formalities including the arrest of accused Pappu and Ashwani on 10.1.2006 at around 11.30 AM, duly recorded in G.D. No. 21 at 12.15 hours on 10.1.2006 (Ext. Ka-15), interrogated both the accused in custody. He on 10.1.2006 at 13.15 hrs recovered Kanta and Dharia at the pointing out of accused Pappu and Ashwani, giving rise to an FIR as Case Crime No. 6/2006 and 7/2006, under Section 4/25 of the Arms Act against the above 2 accused. He after completing all the investigational formalities submitted a charge-sheet against all the accused.
(2.) Case being exclusively triable by Sessions, was committed to it, charges framed under Sections 302/34, 307/34, 323/34 IPC which the accused denied and claimed to be tried.
(3.) The prosecution in order to establish its case examined P.W.-1 (son of the victim), P.W.-2 (daughter of the victim), injured witnesses and P.W.'s- 3 to 10 as formal witnesses.;