- (1.) IMTIYAZ Murtaza, J. The above eight appeals have been preferred by 14 appellants against the judgment and order dated 20- 1-2000 passed by Sri Naresh Singh, II Additional Sessions Judge, Farrukhabad in Session Trial No. 332 of 1995 convicting the appellants Rajeshwar, Ram Veer, Raj Veer, Om Veer, Ram Sewak, Daya Shankar, Ram Prakash alias Lojhari and Radhey under Section 302 IPC read with Section 149 IPC and sentencing each of them to death and fine of Rs. 10,000 and in default of payment of fine further imprisonment of two years each. The appellants Pati Ram alias Patanga, Rajesh alias Tillu, Ved Ram, Ram Sanehi, Ram Baran and Ramuwa were convicted under Section 302 IPC read with Section 149 IPC and sentencing each of them to imprisonment for life and a fine of Rs. 10,000 each and in default of payment of fine further imprisonment of two years each. All the appellants were further convicted under Section 148 IPC and sentenced them to undergo rigorous imprisonment for two years under Section 307 IPC read with Section 149 IPC they were sentenced to undergo rigorous imprisonment for 7 years and under Section 436 IPC read with Section 149 IPC they were sentence to undergo rigorous imprisonment for 5 years. All the sentences have been ordered to run concurrently.
(2.) SINCE all these appeals arise out of the same judgment hence these are taken up together for decision by a common judgment. The prosecution story as revealed from the First Information Report Ex. Ka-1 was that there was enmity of complainant on one hand with Harijans and Brahmins of the village on the other hand. If was further mentioned that litigations were going on between them. It was alleged that on account of previous enmities on 7-12-1994 at about 6. 00 a. m. all the above mentioned accused alongwith four-five unknown persons, whom the complainant could recognize, arrived armed with country made rifles, guns and pistols in the Mohalla of Braj Pal Singh, complainant, P. W. 1 and surrounded them. They also started firing. It was alleged that miscreants had set fire on the Chappar of Ram Veer Garheriya, Nek Ram Garheriya, Awadhesh Nai and also on the Chappar of complainant and Ganga Deen Teli's house was also set on fire. It is further alleged that when they ran to save their lives the miscreants caught hold of Manjoo alias Manoj S/o Brij Pal Singh, P. W. 1 and Ram Chandra Nai and started assaulting them with lathi. Manjoo alias Manoj was shot dead near the house of Awadhesh and accused threw him in the fire. It was further alleged that complainant's brother Amar Singh ran inside the Marhaiya of Pachai and Sadhu, when he was shot dead. Ram Chandra Nai was taken to southern side of the village and he was shot dead there. Bhoorey P. W. 5 had received fire-arm injuries due to indiscriminate firing. The children and the ladies were threatened. The burning of houses resulted in huge losses. The occurrence was witnessed by Jagbir, P. W. 3 s/o Amar Singh, Ashok, P. W. 2 s/o Ram Chandra, Smt. Mahadevi wife of late Ram Chandra, Dinesh s/o late Ram Chandra Nai, Nek Ram, Smt. Katori wife of Todi, Gangadeen, his wife Smt. Chhoti Bitiya and daughter Malti. Raja Ram Nai, Udai Veer Singh's wife (complainant's sister-in-law) who is wife of Amar Singh and Siya Ram Teli and also several women and children of the village. The oral report of the above mentioned occurrence was lodged by the complainant Braj Pal Singh, P. W. 1 at Police Station Kayam Ganj, District Farrukhabad. The report was registered on 7-12-1994 at 10. 55 a. m. and entered in the General Diary Ext. Ka-2 by Trilok Nath Dubey, Head Moharrir, P. W. 6. In this occurrence three persons namely Amar Singh, Manjoo Singh and Ram Chandra lost their lives. The post-mortem was conducted by Dr. R. Singh, P. W. 7 who had found the following ante-mortem injuries on the dead-body of Amar Singh:- (1) Fire-arm wound of entry 8 x 5 cm x cavity deep left side of ear & mastoid region margins inverted, lacerated, ecchymased, blackish cut around margin on dissection left masstoid. Occipital left side of mandible and maxila fractures sic brain lacerated haematoma cut. (2) Fire-arm wound of gutter shape over dorso medial aspect of left wrist margins invested lacerated, ecchymased on dorsally ecchymased everted ventrally. Underlying with fractured. (3) Fire-arm wound of entry 25 cm x 1 cm x abd cavity deep left lateral side of abd, margins inverted lacerated, ecchymased blackening around wound. On dissection peritoneum lacerated with laceration of left kidney & both intestine at places cavity, full of blood fetal matter.
(3.) THE following ante-mortem injuries were found on the dead-body of Manjoo Singh:- (1) Fire-arm wound of entry 2. 5 x 2 cm x through & through on left side of head temporal region 4 cm. above & in front of left ear, margins inverted and charred, underlying bone margins & brain lacerated. Communicating wound of exit 5 x 3. 5 cm. on right side head just above P. T. ear, Margins everted & charred. (2) Gun shot wound of entry 3 x 2. 5 cm x chest cavity deep on right nipple of chest 8 cm. lacerated nipple at about 12 O'clock. Margins inverted 7 charred. On dissection fractured 3rd rib, right lung lacerated, chest cavity full of blood. The following ante-mortem injuries were found on the dead-body of Ram Chandra:- (1) Fire-arm wound of entry 9 x 5 cm x chest cavity deep on front of left side of chest involving shoulder margins inverted, lacerated & ecchymased blackening around the margins. (2) Fire-arm wound of entry 3 x 3 cm x abd cavity deep just below costal margins, margins inverted. Lacerated ecchymased, blackening around marigns. On dissection of injury (1) scapula left & left humorous fractured left lung pleura lacerated. Chest cavity full of blood. On dissection of injury 2 both intestine, liver kidney left lacerated.;