U. K. Varma, J. - (1.) THIS is a Government Appeal against the judgment and order of Sri G. C. Mogha, I Additional Sessions Judge Meerut dated 5-10-78 acquitting the respondents Neelu, Kalu, Babu and Mahraj Singh in respect of the charge under section 302 of the Indian Penal Code in the Sessions Trial No. 2/78. Neelu respondent died during the pendency of the appeal and as such it has abated against him
(2.) THE respondents Neelu and Kalu were brothers. Babu is their sister's son and Mahraj is the brother in law of Neelu. the complainant Mehkar Singh is the uncle of Neelu and Kalu. Mehkar Singh and his son Lakshman deceased were not agreeable to permit the respondents Neelu and Kalu and their father Sri Ram to irrigate from a tube-well which they claimed to be theirs exclusively. THE latter asserted that it belonged to them jointly more so as its electric connection was in their joint name. THE strained feelings led to an incident resulting in injuries. Laxman Mehkar Singh, Ram Jeet, Jai Karan and the wife of Mehkar were being prosecuted by Sri Ram in respect of it. On 27-9-77, the prosecution witnesses and been examined in this case. At the time of the incident not only hat criminal case was going on but proceedings for partition had also been initiated by the complainant where in Sri Ram, the father of the respondents Neelu and Kalu, had filed objection. The prosecution case is that in the morning of 3-11-77 Lakshman deceased and his wife Smt, Kamlesh PW 3 had gone to their 'jwar' field on a cart to bring a few heaps of it for their cattle. When they had loaded two bundles of it on the cart and each of them was bringing a bundle more, the respondeat Neelu armed with gun Kalu and Babu with country made pistols and Maharaj Singh with knife-emerged suddenly near the cart. Lakshman at first was shot with the gun and pistols and when he fell down, he was inflicted injuries with knife. He had been fired upon five or six times. On his wife trying to save him, she was given a push. Her weeping and veiling attracted Balvir, Shiv Charan, Resham, Satkari and Jograj. They were at the time of the incident on their agricultural fields nearby. The respondents terrifying them with their fire arms made good their escape. The report had been lodged at the police Station Daurala within an hour and a half of the incident at 12 45 P.M. The distance of the police station from the place of occurrence has been shown to be 4 Kms. The investigation of the case was entrusted to the Sub-Inspector Sultan Singh. He reached the scene of occurrence at 2 P.M. and with the aid of the par.ch.es Mahkar Singh, Yad Ram, Saheb Singh, Ganga Saran and Richpal completed the inquest report. He has mentioned there in about the field of Balvir Singh on the boundary of which the dead body of Lakshman was found twenty one steps from the 'Khajoor' tree which stood on the dividing line of the fields of Balvir Singh and Ganga Saran. The cart of the deceased was parked at a distance of five steps from the 'khajoor' tree.
(3.) THE dead body was despatched to the head quarters for post mortem examination. It is shown in the challan of the - dead body to have reached the head quarters at 10 P.M. THE distance of the head quarters from the place of incident is mentioned to be 15 K.Ms. The post mortem examinations bad been conducted by Dr. N. K. Pandey (PW 10). He found the following ante-mortem injuries having been sustained by the deceased Lakshman. 1. Gun shot wound of entry 2 cm. x 2 cm. x bone deep on the back of left inner part just below the wrist joint. 2. Gun-shot wound of entry 1 cm. x 1 cm. x bone deep on the back of the left hand 1/2 cm. away from the injury no. 1 towards the thumb, blackening and tattooing present around the injuries nos. 1 and 2. Direction towards thumb. 3. Gun-shot wound of exit 10 cm. x 10 cm. between the thumb and index finger, margins everted. No blackening and tattooing present. Bones underneath fractured into multiple pieces communicating with the injuries nos. 1 and 2. 4. Nine Gun-shot wounds of entry in an area of 7 cm. x 5 cm. x chest cavity deep on the left side of chert 113 cm. below the nipple directed medially and backward, each measuring 1 cm. :x 1 cm. No blackening and tattooing present. Margins lacerated and inverted. 5. Grasing gun-shot wound 1.5 cm x 1 cm. x skin deep directed from below to upwards on the left side of chest 4 cm. below and out to injury no. 4. No blackening or tattooing present. One pellet removed. 6. Grassing gun-shot wound 1 cm. x 1/2 cm. x skin deep directed from below to above. No blackening and tattooing present, just near out to injury no. 5. 7. Gun-shot wound of entry 3 cm. x 3 cm. x communicating with injury no. 8 on the junction of the buttock and thigh on the left side. Blackening and tattooing present around the wound, margins lacerated and inverted. 8.Gun-shot wound of exit 8 cm. x 5 cm. on the outer aspect of the left buttock (margins everted). No tattooing and blackening. 9.Gun-shot wound of entry 2 cm. x 2 cm. x muscle deep on the left side of neck just below the angle of mandiable, directed medially and backward. Blackening and tattooing present around the wound. 10.Gun-shot wound of entry 2 cm. x 2 cm. x muscle deep on the left side of neck 2 cm. below the injury not 9. directed medially and backward. Blackening and tattooing present around the wound. 11.Incised wound 'V shaped 4 cm. x 1/2 cm. x muscle deep on the middle of chin. 12.Incised wound 2 cm. x 1/2 cm. x through and through on the middle right pinna of ear. 13.Three gun-shot wound of entry in an area of 4 cm. x 3 cm. on the inner aspect of the right arm upper part measuring 1/2 cm. x 1/2 cm. x muscle deep directed outward and backward. 14.Incised wound 5 cm. x 1 cm x muscle deep on the back of the right shoulder. 15.Incised wound 3 cm. x 1 cm, x muscle deep on the right suprascapular region directed down and medially. 16.Incised wound 6 cm. x 2 cm. x muscle deep on the back of right thigh directed forward and downward. 17.Incised wound 3 cm. x 1 cm. x bone deep on the front of the right leg upper part bone cut underneath. 18.Incised wound 3 cm. x 1.5 cm. x muscle deep on the front of right leg 3/4 cm. medial to injury no. 17. 19.Incised wound 2 cm. x 1.5 cm. x muscle deep on the front of right leg lower part.;