- (1.) M. C. Jain, J. The murder of one Jhandu Singh resident of village Sikandarabad, Police Station Usehat, District Budaun is the subject matter of the present appeal. The five appellants, namely, Rameshwar, Shyam Pal, Jamadar, Ram Kishan and Onkar were tried in Sessions Trial No. 488 of 1982 before Additional Sessions Judge, Budaun, who convicted all of them under Section 148 IPC and 302 read with Section 149 IPC by judgment dated 26th April, 1985. Shyam Pal and Jamadar are real brothers and again Ram Kishan and Onkar are real brothers. All of them are said to be the associates of Rameshwar, being thick with him. Each of them has been sentenced to undergo rigorous imprisonment for one year for the offence under Section 148 IPC and life imprisonment under Section 302 read with Section 149 IPC. Aggrieved, they have preferred this appeal.
(2.) THE incident took place on 3rd August 1982 at about 6. 45 a. m. near the grove of Jatavs in village Sikandarabad, P. S. Usehat, District Budaun. THE report was lodged by an eye-witness Suresh Pal Singh PW-1 at the concerned Police Station the same day at 2. 10 a. m. THE distance of place of occurrence from the Police Station was 18 kms. THE deceased was the maternal uncle of Suresh Pal Singh PW-1, who resided with him, assisting him in his cultivation. On the fateful day at about 6. 45 a. m. , the deceased was going to his field being followed by his daughter Gayatri Devi and informant Suresh Pal Singh PW-1. When all of them reached in the south of the village near the grove of Jatavs, the appellants appeared all of sudden from the foliage of bushes. Rameshwar and Ram Kishan were armed with Kantas, whereas, the remaining three had lathis. Shyam Pal exhorted and instantaneously all of them pounced upon Jhandu Singh with their weapons and started assaulting him. Jhandu Singh raised cries and Gayatri Devi and Suresh Pal Singh PW-1 also shouted, attracting Om Pal PW-2 and Raksh Pal PW-3 working in the field of one of them (Om Pal ). challenged, the appellants made their escape good. Jhandu Singh was placed on a cot and brought to the Police Station Usehat where Suresh Pal Singh PW-1 lodged the FIR which was taken down, inter alia, under Section 307 IPC Jhandu Singh was being taken from the Police Station to Budaun but he succumbed to his injuries in the way. Previous background has also come on record through the evidence of the prosecution that Kamta - brother of the appellant Ram Kishan was injured in an earlier incident for which Jhandu Singh deceased was prosecuted under Section 307 IPC. The FIR of that case had been lodged by the appellant Rameshwar. Jhandu Singh was convicted and a fine of Rs. 500/- was imposed on him but this fine was also set aside by the High Court. This apart, Rameshwar appellant and Jhandu Singh deceased were also locked in proceedings under Section 107 Cr. P. C. earlier to this occurrence. There was yet another streak of bad blood between the two sides that Rameshwar appellant and Lakhan Singh had contested the election of Gaon Pradhan and the deceased Jhandu Singh had supported Lakhan Singh. However, Lakhan Singh was trounced and Rameshwar was elected as Pradhan. This backdrop of enmity was allegedly responsible for the murder of Jhandu Singh in this incident. The police entered into investigation. Consequent upon the death of Jhandu Singh, post-mortem over his dead-body was conducted by Dr. R. B. Abhai PW-6 on 4th August, 1982 at 11. 55 a. m. He was about 40 years of age and about one day had passed since he died. The following ante-mortem injuries were found on his person. (1) Lacerated wound 2 cm. x 1/2 cm. x 1/4 cm on right side forehead, 2 cm. above lateral end of eyebrow. (2) Contused swelling 4 cm. x 4 cm. on left side forehead, just above eyebrow. (3) Lacerated wound 2 cm. x 1 cm x bone deep on anterior side of head, 8 cm from nasal. (4) Incised wound 7 cm. x 1 cm. x bone deep on posterior side of head, 10 cm. behind Injury No. 3. (5) Incised wound 4 cm. x 1 cm x bone deep on left side head, 2 cm. left to Injury No. 4. (6) Incised wound 6 cm. x 1 cm x bone deep on left side head, 4 cm. behind left ear. (7) Incised wound 4 cm x 1 cm x bone deep on left side head, 1 cm. behind Injury No. 6. (8) Lacerated wound 4 1/2 x 1 cm x bone deep on right side head, 9 cm. above right ear. The cause of death was head injury.
(3.) ON conclusion of investigation, a charge-sheet was laid against the appellants whose defence was of denial. In all, seven witnesses were examined by the prosecution including the Doctor conducting the post- mortem over the dead- body of the deceased, Investigating Officer and other formal witnesses. Eye- witnesses of the incident were Suresh Pal Singh PW-1, Om Pal PW-2 and Raksh Pal PW-3.;