V. K. Mehrotra, J. - (1.) THE two appellants were police constables attached to Police Station Alapur in District Budaun and the incident in which Shanker Lal lost his life took place on November 22, 1977 in which Munna Lal also received, gun shot injuries. Both of them have been convicted under Sec. 302 IPC read with Sec. 34 IPC and sentenced to undergo imprisonment for life apart from being convicted under Sec. 307 IPC read with Sec. 34 IPC and Sec. 394 IPC as well as Sec. 397 IPC and sentenced to (undergo rigorous imprisonment for seven years on each of the two counts.
(2.) THE case of the prosecution is that these two appellants who were on Gasht and Idd duty and had been deputed with one rifle (musket) and 50 cartridges (rounds) each for the purpose aocosted Shanker Lai and Munna Lal at about 5 P. M. on the road near the culvert of village Simaria while those two persons were going back to village Mai Buchan after making purchases at Budaun. Munna Lal was married to the daughter of one Budhpal of village Mai Buchan. He was in military service and was on leave at that time. He had made purchases at Budaun for his. wife, daughter and father-in-law. Shanker Lal was known to him and had accompanied Munna Lal to Budaun. THE appellants are said to have abused these two persons and to have forcibly snatched from them a sum of Rs. 1500/-which was being carried by Munna Lal in his pocket as well as the articles purchased by the latter. THEy are then said to have asked these persons to go away. As they proceeded a few steps, the appellants are said to have challenged them both to become alert. THE allegation further is that when the two persons turned towards the appellants both of them fired two shots each with their respective rifles towards Munna Lal and Shanker Lal. Munna Lal was struck on the face by one of these shots while the other missed him. He ran towards village Mai Buchan. Shanker Lal fell down on being hit by the shot and died on the spot. THE appellants are said to have gone away from the scene oi the incident with the sum of Rs. 1500/-but leaving behind other articles which they had snatched from the victims earlier. Budhpal, the father-in-law of Manna Lal, Loki Ram, the father of Shanker Lal and some other persons arrived at the scene of the incident after learning about it. They took Munna Lal in a bullock-cart to Police Station Kotwali, Budaun where he lodged written report about the incident at 7.45 (?) the same day. In this report, he described the, miscreants as two policemen. He was sent to the District Hospital, Budaun for medical examination. This examination was done by Dr. N. P. Singh (PW 5) at 8. 30 p. m. and revealed that Munna Lal had sustained the following injuries : The requisite papers were sent from Police Station Kotwali to Police Station Alapur the same day on the basis whereof a case was registered at that Police Station. Investigation followed and was made by PW 11 Rajvir Singh who was the Station Officer at police Statical Alapur. He was present at the Police Station when the case was registered. He proceeded to the scene of the incident where he took the necessary steps and sent the dead body of Shanker Lal for its post morten examination which was made by PW 4 Dr. Hamidullah. The following antemortem injuries w?re found on it:
(3.) DEATH of Shanker Lal, according to the doctor, was due to shock and haemorrhage on account of these injuries which could have been caused about one day earlier. The post mortem examination was made at 3.15 P. M. on November 23, 1977. Station Officer Rajvir Singh found the two appellants at the brick-kiln of Krishna Swarup in village Rasoolpur. He interrogated them and recovered from each a rifle and 48 cartridges instead of 50 cartridges. He arrested them both and made them Baparda on the spot in which condition they were taken to Police Station Kotwali and eventually to the District Jail. After he had investigated the case for sometime, the Superintendent of Police, Budaun entrusted its investigation to PW 10 Mahendra Singh Rathore, Deputy Superintendent of Police. During the course of investigation, Sri Rathore made a report for putting up the two appellants for identification. The identification proceedings took place in the District Jail, Budaun on December 16, 1977 by the then Executive Magistrate Sri D. S. Nath. During these proceedings, the injured witness Munna Lal could not correctly identify either of the two appellants. He committed one mistake each in the Parades relating to the two appellants.;