- (1.) IMTIYAZ Murtaza, J. Both these appeals arise out of the judgment and order dated 8-8-2000 passed by Sri Madan Lal, 1st Additional Sessions Judge, Siddarth Nagar, whereby the appellants Virendra Prasad Tiwari, Smt. Godawri, Smt. Laxmi Devi and Chandeshwer Tiwari have been convicted under Section 302 read with 109 I. P. C. and sentenced to undergo imprisonment for life and appellant Ram Ji Tiwari has been convicted under Section 302 I. P. C. and sentenced to death.
(2.) THE above appeals are decided by this common judgment. The brief facts of the case are that on 31-10-97 the appellants were removing pual from the land in front of the house of Nazir Jogi, who was neighbour of the complainant Chandrawati Devi. It is alleged that they were taking forcible possession over the land. Nazir objected to it then accused persons had started abusing him and bent upon assaulting him. It is alleged that when complainant's husband Bindeshwari s/o Raj Kumar came to intervene, appellant Godawri brought DBBL gun and cartridge and gave them to Ram Ji Tiwari and exhorted him to kill all of them to finish the dispute for over. Ram Ji firstly fired at Nazir and then at Smt. Kunna. After the firing, other accused namely, Virendra Tiwari, Chandreshwer Tiwari and Laxmi exhorted Ram Ji Tiwari that Bindeshwari was also coming from the lane and he should not be spared. On this Ram Ji Tiwari fired at Noor Jahan who was standing in front of her hut and also fired at Bindeshwari and his son Raj Kumar. Nazir and Bindeshwari the husband of the complainant dies on the spot. Raj Kumar, Smt. Kunna and Noor Jehan were seriously injured. The occurrence was witnessed by Nawwa, Narad, Laxmi and others. The report was lodged by P. W. 1 Chandrawati on 31-10-97 at 10. 40 a. m. which is Ext. Ka-1 Chik report is Ext. Ka-6. The deceased and injured were taken to Primary Health Centre, Etwa, Raj Kumar also succumbed to his injuries on way to Primary Health Centre. Noor Jahen and Raj Kumar were sent to District Hospital Basti for treatment. Noor Jahen had succumbed to her injuries on 31-7-97 at 3. 30 p. m. Kunna had also received injuries, but she was not examined. The post-mortem examinations of the deceased were conducted by P. W. 5, G. M. Shukla and he had found ante-mortem injuries on the dead bodies of Raj Kumar, Nazir and Bindeshwari.
(3.) THE post-mortem of Nazir was conduct on 1-1-97 (1-11-97 sic) at 2. 40 p. m. and following ante- mortem injuries were found: Wound of entry 13. 0 cm below the right nipple 3. 0 cm x 1. 0 cm singing present and margins of wound of entry is inverted. Tattoo marks present on the right side of body small rounded and multiple inventor from right shoulder to right upper high. The post-mortem of Bindeshwari was conducted on 1-11-97 at 4. 30 p. m. Wound of entry: A semi lunar lacerated punctured wound 7. 0 cm x 4. 0 cm on the left side of chest 8. 0 cm below the left clavicle margins of wound is inverted. Syncing present, skin, muscle and III vertebra portion lost below the wound. No would of exit present.;