- (1.) All the above named appellants stand convicted under Section 302 read with Section 149, I. P. C. and sentenced to life imprisonment. Appellants Ramakant. Salyapal and Banwari have further been convicted under S. 148, I.P.C. and Ram Niwas and Subedar under S. 147, I.P.C. and all these have been further sentenced to one year R.I. each. The sentences have been ordered to run concurrently.
(2.) The prosecution case in brief is the' appellant Ramakant was being prosecuted for the murder of Dinesh Chaprasi in which Ram Raj deceased was a witness. Ramakant had threatened Ram Raj not to give evidence against him. He had made a report to the police and since then the appellant had a serious grouse against him. It is alleged that on 30-10-1983 at about 4 P.M. when informant P.W. 1 Bhagwan Deen and his brother Ram Raj deceased were returning from their field with a load of fodder and reached to the north of the grove of Siya Ram on the Pagdandi, appellant Ramakant. Satyapal and Banwari armed with guns, Ram Niwas and Subhedar armed with lathis suddenly appeared from behind and challenged Ram Raj. Ram Niwas and Subedar shouted, "ISKE BARE DIMAGH KHARAB HAIN SALE KO JAAN SE MAAR DO BACHNE NA PAWE", thereupon Ramakant, Satyapal and Banwari Lal fired at his brother on his back as a result of which he fell down and died after some time. On hearing the alarm and gun shots, witnesses Daya Ram, Chhotey Lal, Mitthu Lal and many others from the village arrived. The assailants managed to make good their escape. The F.I.R. of the occurrence was lodged at 6.30 P.M. on the same day at P.S. Kanth, District Shahjahanpur at a distance of six miles. On the basis of the F.I.R. case was registered against the appellant and the investigating Officer arrived at the scene of occurrence, prepared inquest report and sent the deadbody for postmortem which was conducted by Dr. U.D. Kapoor who noted the following injuries, vide postmortem report (Ex. Ka-2). Ante Mortem Injuries : 1. Abrasion 3 cm x 1 cm on the left upper arm 4 cm below left shoulder joint. 2. Abrasion 4 cm x 2 cm on the lateral side of left elbow joint 3 cm above left elbow joint. 3. Lacerated wound 12 cm x 6 cm on the left scapular region extending over to its back left upper arm upper part skin, subcutaneous tissues, part of muscle over the wound was missing. Half of the wound over scapular got inverted margins. Portion of wound front over back and upper arm had averted margins. No blackening and no charring. 4. Six fire-arm wounds on entry in an area of 9 cm x 4 cm over the right side of back extending up to right glutal region. Margins inverted and lacerated. No blackening. No charring present. Each wound of size of 0.7 cm x 0.75 cm x abdominal cavity deep. 5. One fire-arm wound 1 cm x 1 cm in front of abdomen about 6 cm below umblicus. 6. Two fire-arm wounds each of size of 1 cm x 1 cm on left side of front of abdomen at the level of umblicus. Margins averted. On internal examination stomach and intestines were badly lacerated. Kidney was also lacerated. Three big pellets were recovered. 8 ounces semi-digested food was present in the stomach. After completion of the investigation these accused were chargesheeted, committed and at the trial prosecution in all examined five witnesses of whom P.W. 1 Bhagwan Deen and P.W.2 Daya Ram are the eye-witnesses of the occurrence. P.W. 3 constable Dhiraj Singh had taken the dead-body for postmortem. P.W. 4 Inspector P. C. Pathak was the Investigating Officer and deposed about the various steps taken by him during the course of the investigation. Lastly, P.W. 5 Dr. U. D. Kapoor had done the autopsy on 31-10-1983 on 12.45 P.M. and has proved the injuries and other facts found by him at the time of postmortem as noted above. He has further stated that the death was caused on account of shock and haemorrhage, as a result of the antemorem injuries and the same could have taken place on 30-10-1983 at 4 P.M.
(3.) Version of the appellants has been that they had been falsely implicated on account of enmity; that they have also denied that the deceased was a witness in the murder case of Dinesh Chaprasi. Ramakant has, however, admitted that he was an accused in that case. It is further alleged that the deceased himself was a man of bad character and, therefore, was killed by some other person.;