- (1.) THIS is an appeal filed by the four above named appellants against the judgment and order dated 30-5-1981 passed by the then Ist Addl. District & Sessions Judge, Saharanpur in Session Trial No. 413/79 convicting and sentencing all the appellants to imprisonment for life under Section 302 read with Section 34 IPC. The appellants have further been convicted and sentenced to three years RI each under Section 324 read with Section 34 IPC.
(2.) THE prosecution case in brief is that on 30-3-1979 Kunwarpal deceased of this case was assaulted by appellants Gandhi, Kunwarpal and their brothers Narendra and Jaihind as well as Bhushan brother of accused Ramesh. A report of this incident was lodged by Kunwarpal deceased and a cross report was lodged by accused Ramesh against deceased Kunwarpal, Vikram and others. It is further alleged that in August 1976 accused Gandhi, Kunwarpal and others had assaulted Charan of Sukkaratal leading to their prosecution in which accused Kunwarpal and others were convicted to two months RI. It is further alleged that on 4-7-1979 at about 5.30 p.m. Shitab Singh, Kunwarpal deceased and Yashpal were going from Nakur to Aasrakheri and when they were in front of the liquor-vend of accused Ramesh to have betels at the stall of Bhoora across the road, all the four appellants who were present at the liquor shop came out, and dragged Kunwarpal deceased inside the liquor shop. When Yashpal tried to save Kunwarpal, appellant Gandhi gave him knife blows on his head whereupon Yashpal fell on the ground. Inside the liquor shop Gandhi and Kunwarpal accused assualted deceased, Kunwarpal with knife. While accused Narain Singh and Ramesh who were empty handed held Kunwarpal deceased in their grip. After inflicting two stab injuries on deceased Kunwarpal the accused persons made their escape good through other door of the shop. Deceased Kunwarpal died an instantaneous death. PW-2 Prithivi Singh, Satyapal and others also witnessed the occurrence. Shitab Singh got First Information Report scribed by Vikram Singh and lodged it in the same evening at 6.05 p.m.
(3.) ON the basis of written report chick FIR Ex. Ka-13 was prepared and the case was registered in the general diary. After registration of the case investigation ensued. S.I. Baboo Khan was entrusted with the investigation. He proceeded to the scene of occurrence, held inquest on the dead body of Kunwarpal. Dead body was then sent to mortuary for post mortem examination with necessary papers. The IO also took into his possession blood stained Chappal and Belt of the deceased through Memo Ex. Ka-7 and Ex. Ka-8. Blood stained and plain bricks of the floor were also taken into possession. Site plan Ex. Ka-10 was prepared. Statements of witnesses were recorded. Later on investigation was completed by SI, B.B. Sharma PW-6 who challaned all the four accused persons and sent them for trial.;