- (1.) R. C. Deepak, J. This is a criminal appeal against the judgment and order of the then VIth Additional District & Sessions Judge, Allahabad dated 24-1-1981 in ST No. 74 of 1980 convicting and sentencing the accused appellants under Section 302/34 IPC to life imprisonment.
(2.) THE prosecution case briefly stated is that on 8-11-1979 at about 7. 30 p. m. the informant Ram Badan's brother Ram Chandar deceased was sitting on a Takhat in front of the door of his house. At that time the accused-appellant Sukru happen to come to him and started talking to him. In the course of their talks, they scuffled with each other. In the meantime Munni Lal Prem son of Kanhai Lal, Prabhu Nath son of Vishram, Ram Narain alias Narain, brother-in-law of Munni Lal Premi, Paras Nath son of Titir, Jamuna son of Khakhnu, Ganga Ram son of Khakhnu, Babu Lal son of Ram Autar and Sant Lal son of Ram Autar with the common object of killing Ram Chandar pounced upon him while inciting, exciting and provoking one another and challenging him (Ram Chandar) because he considered himself to be very high. Paras Nath, Jamuna and Sukru were armed with pistols. Others were holding Lathis. Sukru was holding lathi as well. Consequently, Ram Chandar ran up towards the north and could hardly reach in front of the house of Satya Narain Bharti. When the above-named persons attacked him and started beating him, Ram Chandar raised alarm hearing which Ram Bandan, his daughter Km. Ram Rati, his brother Sangram Jailor son of Dulai, Kashi Ram and Ram Khilawan rushed to the place of occurrence. Km. Ram Rati and Sangram were ahead of them while running towards that place. THE above-named persons started beating Sangram also. As soon Ram Bandan and others reached the place of occurrence. While challenging the abovenamed persons Paras Nath and Jamuna with the intention of killing Ram Chandar opened fire from their respective country-made pistols at him. Having received pistol shot injured, Ram Chandar fell down in front of the house of Satya Narain Bharti and died there. Km. Ram Rati also received pistol shot injuries. Sangram who reached the place of occurrence to save Ram Chadra received Lathi injuries and ran away from that place in the injured condition. The abovenamed persons including the appellants fled away towards north on being challenged by Ram Badan and many others of the village. Ram Badan got a report written by one named Prem Yogi on his dictation about the occurrence. He alongwith his injured daughter Km. Ram Rati went to the police station concerned,where the First Information Report was lodged. Consequently, the investigation into the case was immediately entrusted to then Sub-Inspector Sri Mano Kanta Singh who visited the place of occurrence at 9 p. m. on 8-11-1979 itself and prepared panchyatnama etc. regarding the dead body and sent it through two constables to the mortuary for post mortem examination on the next day. He again went to the place of occurrence and prepared a site plan at the pointing of the informant Ram Badan. He continued investigating into the matter till 25-11-1979. Thereafter he was transferred and Sri R. S. Tewari, Sub-Inspector took up the investigation into the case and after its completion, he ultimately submitted the charge-sheet against the accused appellants and certain others. They were committed to the Court of Sessions for trial. The charges were framed against them. Dr. Sunil Verma examined Km. Ram Rati on 8-11-1979 at 11 p. m. and found the following injuries on her body: (i) Gun shot wound of entry 1/3" x 1/3" circular margins inverted. (ii) Contusion in 2" x 2" inner aspect of right calf. 4. 1. Dr. Nagendra Singh examined the other injured eye witness Sangram and found the following injuries on his body: (i) Abrasion of 1/2 x 1/2 cm size on Ant. surface of left leg in middle of leg covered with hard black scab. (ii) Complaint of pain right thigh. 4. 2. Dr. K. P. Singh conducted the post mortem examination on the body of Ram Chandar and found the following ante mortem injuries thereon : External examination : (i) A man of fair built body. Rigor mortis present in both upper and lower extremity. No decomposition. Ante mortem injuries : (i) Seven gunshot wounds of entry of 1/4" diameter X cavity deep size in an area of 5" x 4" size on left side of front of chest 2" below the nipple lying 1/2" x 1" apart from each other. Blackening present. No tattooing. (ii) One gunshot wound of entry of 1/4" x 1/4" x cavity deep size on the left side of abdomen just near Ant. Surface iliac spine. Blackening present. No tattooing. (iii) Four gun shot wounds of exit in left infra scapular region 1-1/2" away from mid line measuring 1/4" x 1/4" into through and through. Lying in an area of 4" x 3" size. No blackening or tattooing. Margins everted and irregular. (iv) Lacerated wound of 3/4" x 1/4" x muscle deep size on right side of forehead near outer end of right eye brow. (v) Lacerated wound of 1/4" x 1/4" x skin deep size on head in occipital region near occiprotubeance. (vi) Abrasion of 1" x 3/4" size infront of the left knee joint. (vii) Abrasion of 1/2" x 1/2 size on front of right knee joint. Internal examination : Spleen ruptured. Left kidney lacerated stomach empty. Small intestine half full. Large intestine full. Peritoneum perforated under injury No. 2. Cause of death : Due to hemorrhage and shock caused by gun shot injuries.
(3.) TO prove its case the prosecution has examined Km. Ram Rati (PW-1), Ram Badan (PW-2), Dr. Nagendra Singh (PW-3), Dr. K. P. Singh (PW-4), Dr. Sunil Verma (PW-5), Sangram (PW-6), Dr. Atul Kumar (PW-7), Constable Ram Pal Singh (PW-8), Head Moharrir Rajendra Singh (PW-9), then Sub Inspector Mano Kanika Singh (PW- 10) and filed documents vide Ext. Ka 9. Km. Ram Rati, Ram Badan and Sangram are eye witnesses whereas others are formal one Sangram (PW-6) has, however, turned hostile. The accused-appellants and others had denied the allegations levelled against them and have stated that they have falsely been implicated in the case. They have examined Dr. Arvind Kumar (DW- 1), S. M. Hanif (DW-2), Ram Rashik Tiwari (DW-3) and have produced certain documents in defence.;