V. N. Varma, J. - (1.) THIS is an appeal from the judgment and order of Sri B N.Mohilay, IV Additional Sessions Judge, Aligarh by which he convicted the appellants-Tula Ram, Kalyan Singh alias Kallu, Mahraj Singh, Gajraj Singh and Shiv Raj Singh-under Sections 302/149 and 307/149 I. P. C. and sentenced each one of them to imprisonment for life under the first count and seven years' R. I. under the second count. Tula Ram and Kalyan Singh alias Kallu were further convicted under Sec. 147 I. P. C and were sentenced to one year R. J. each while Mahraj Singh, Gajraj Singh and Shiv Singh were convicted under Sec. 148 I. P. C. and were sentenced to two years' R. I. each.
(2.) THE person who lost his life in this case was one Boondi Singh. He was resident of village Mehka, P. S. Atrauli, district Aligarh. THE appellants also are residents of village Mehka. THEy belong to one family-appellant Tula Ram being the father and the other appellants his sons. Boondi Singh deceased was the nephew of appellant Tula Ram. THE house of tine appellants is quite close to the house of Boondi Singh deceased. One Yogendra, a teen aged boy, is the grandson of appellant Tula Ram. Gambhir Singh and Pratap Singh are also teen aged boys and are nephews of Boondi Singh deceased. At the relevant time (1972-73) all these three boys read in one school in village Gahtoli. On 9-1-1973 they attended their school as usual. It is said that while they were returning from their school, Gambhir Singh and Pratap Singh beat Yogendra in the way. Yogendra complained to his grandfather (appellant Tula Ram) about the beating which Gambhir Singh and Pratap Singh had administered to him. Appellant Tula Ram felt irked at the beating which was given to his grandson, and at about 2 P. M. he went to the house of Boondi Singh and complained to him about the conduct of Gambhir Singh and Pratap Singh. Boondi Singh attached no importance to his complaint and told him that it was a quarrel between three small boys and they will forget it soon. This reply of Boondi Singh did not satisfy appellant Tula Ram and be started hurling abuses on Boondi Singh. Some persons of the locality tried to pacify Tula Ram but he was in no mood to listen to them. His temper against Boondi Singh remained at the same pitch. He gave a call to his sons-the other appellants- to teach a lesson to Boondi Singh. It is said that on hearing his call the other appellants variously armed-Shiv Raj Singh armed with a gun, Gajraj Singh and Mahraj Singh armed with pistols and Kalyan Singh alias Kallu armed with a lathi-arrived there. Tula-Ram exhorted his sons to kill Boondi Singh whereupon it is said that Shiv Raj Singh fired at him with his gun. He was badly injured and he fell down on the ground. One Shiv Dan Singh happened to arrive at that time and he protested against the behaviour of Tula Ram and his sons. It is said that on this, Shiv Raj Singh again opened fire with his gun and Gajraj Singh and Mahraj Singh with their country made pistols injuring Pratap Singh, Gambhir Singh, Smt. Draupadi, Smt. Subhadra, Shiv Dan, Smt. Premwati, Soran Singh, Smt. Rajwati and Smt. Singhari. In the meanwhile a large number of villagers collected at the spot and then the appellants took to their heels. Ratan Singh (P. W. 1) a close relation and neighbour of the parties arranged a bullok cart and left for the police station along with the injured persons. He reached there at 5. 30 p. m. and lodged an oral report there. Soon thereafter Malkhan Singh (P. W. 4) also arrived at the Thana accompanied by Smt. Premwati (P. W. 6). Smt. Premwati informed the police that after the departure of Ratan Singh and the other injured persons from the. village the appellants had set fire to the Chhappars and when she protested against their action she was fired upon with a country made pistol. All the injured persons including Smt. Premwati were then sent to hospital for medical examination. They were examined by Dr. M. K. Saxena between 7. 10 P. M. and 9.15 P. M. He found two serious gun-shot wounds on the body of Boondi Singh. As the condition of Boondi Singh was far from satisfactory he was admitted as an indoor patient in the hospital. Dr. M. K. Saxena found gun-shot injuries on the bodies of the other injured persons also. Their injuries were, however, not found to be either serious or grievous.
(3.) BOONDI Singh died in the hospital on the same day at 11. 15 P. M. The post-mortem examination on his dead body was conducted by Dr. S. K. Saxena on 10-1-1973. He found the following antemortem injuries on the dead body: 1. 29 gun-shot wounds of entry each measuring 1/10" x 1/10" on the chest and abdomen left side in an area of 14" x11". The skin around the wounds was normal and each wound was circular and lacerated with inverted margins. 2. 5 gun-shot wounds of entry each measuring 1/10" x 1/10" on the lower and front part of the chest right side and the upper and front of abdomen, in an area of 7" x 2"; the wounds were circular, lacerated with inverted margins. Examining internally Dr. S. K. Saxena found (i) one punctured wound 1/10" x 1/10" between 4th and 5th costal cartilage on left side (ii) two punctured wounds between 3rd and 4th ribs on left side in the nipple line (iii) pericardium of the heart punctured on left side upper and outer part and (iv) one punctured wound on the upper and outer part of left ventricle.;