- (1.) J. C. Gupta, J. All the three above named appellants are real brothers being sons of Nanhey Lal. They have been convicted and sentenced to death under Section 302 read with 34 I. P. C. Each of them has been further sentenced to a fine of Rs. 10,000/- and in default of payment of fine to undergo two years R. I. by the judgment and order dated 22-2-2001 passed by the Special Judge, (E. C. Act) Farrukhabad in sessions Trial No. 17 of 1992.
(2.) THE prosecution story, in brief, was that about 10-15 days before the occurrence in question Sontara daughter of accused appellant Shri Krishna had eloped with Amar Singh son of Jhabbu Lal, P. W. 1. On account of this appellant became inimical to Jhabbu Lal and his neighbour Gulzari. Shri Krishna put a pressure upon Jhabbu Lal and told him that his daughter should be given back to him before Sunday else no members of his family would be left alive. On this Jhabbu Lal made a search of his son Amar Singh and Sontara but they were not found. It is further alleged that in the past also about one year ago Sontara had run away with Amar Singh but at that time they had come back after 3, 4 days. On that occasion also accused persons were in search of an opportunity to take revenge from Amar Singh but he was saved on information given by Ramwati wife of Gulzari. In the noon of 10- 8-1991 Ram Sewak while sitting on his Chabutra had openly declared that if Sontara did not come back by the evening no one would be spared. Sontara did not come back. Further case of the prosecution is that in the midnight of 10/11-8-1991 at about 12 appellants Sri Krishna Master with a Pauniya Gun (short gun), Ram Sewak and Kishori Lal with country made pistols made entry into the house of Gulzari Lal by scaling from the southern wall of the house and committed the murder of Gulzari, his wife Smt. Ramwati and son Rakesh aged about 15 years and caused injuries to Umesh Chandra aged about 11 years and Dharmendra aged about 8 years both sons of Gulzari. Seeing the commission of these ghastly murders Jhabbu Lal, P. W. 1 and his wife Smt. Leelawati ran out of their house and entered into the house of Khem Karan. After committing murders inside the house of Gulzari, accused persons in search of Jhabbu Lal went to his house but he was not found there. In the meantime, Babu Ram brother of Jhabbu Lal out of fear entered into his shop. Accused persons pulled him out of the shop and committed his murder also with fire arms. Accused persons then fired two more shots while leaving the village and ran way in the south. P. W. 8 Dr. Rakesh Kumar was posted as medical officer at the Primary Health Center Kayamganj. Injured Dharmendra and Umesh were sent with the police constable Sudharshan Singh for their medical examination. Dr. Rakesh Kumar found that Dharmendra was already dead. Injured Umesh was, however, alive and his injuries were examined by the doctor on 11-8-1991 at 5 a. m. Following injuries were found on his person: 1. Lacerated wound 3. 0 cm. x 3. 0 cm. x lung deep, on the right side chest, outer and back aspect, 6. 0 cm. below the lower end of right scapula, margins inverted collar of abrasion present around. Blackening and tattooing 7 cm. x 7. 0 cm. around the wound, and gun powder deposited in area of 15. 0 cm. x 12. 0 cm. on the front and outer aspect of chest probing not done because the vital organ underneath the wound, air sucking and coming out with respiration, bleeding. 2. Lacerated wound 7. 0 cm x 5. 0 cm. on the outer aspect of left thigh 10. 0 cm. above the knee joint, muscle deep, margins irregular and inverted blackening present around the wound, collar of abrasion present bleeding. G. C. grave, pulse not recordable,, respiration, B P not recordable both injuries kept under observation. Advised X-ray chest and right thigh. In the opinion of the doctor both the injuries were caused by fire arms. Their duration was fresh. During the course of medical examination. Umesh also expired at 5. 10 a. m. Injury report of Umesh is Ex. Ka 46.
(3.) JHABBU Lal P. W. 1 got the F. I. R. Ka-1 scribed from Radhey Shyam and lodged the same at the police station Kayamganj in the same night at 3. 30 a. m. On the basis of written report, Chick FIR Ex. Ka 2 was prepared and the case was registered in the general diary of the police station whose copy is Ex. Ka-3. Investigation was entrusted to Gajraj Singh. He recorded the statement of witnesses and visited the scene of occurrence. He found dead bodies of Gulzari, Ramwati and Rakesh over cots inside the house of Gulzari. He collected samples of blood stained strings of the cot. Dead body of Babu Ram was also found on a cot. Sample of blood were also collected. He further collected one 315 bullet which was found lying on the ground near the dead body of Rakesh. One bullet 315 bore was also found near the cot over which Dharmendra and Umesh were sleeping. He also prepared site plan Ex. Ka.-14. Inquest were also held on the four dead bodies and they were sent for post-mortem examination with necessary papers. Constable Sudhir Singh P. W. 5 escorted the dead bodies to mortuary. Dr. S. K. Gupta P. W. 4, Medical Officer District Hospital Fatehgarh conducted autopsy on the dead bodies of Rakesh, Smt. Ramwati, Baburam, Dharmendra, Umesh Chandra and Gulzari on 12-8- 1991 and prepared post mortem reports Ex. Ka. 38 to Ex. Ka. 43. Dr. Gupta in his statement before the trial Court has clearly stated that ante-mortem fire arm injuries were found on all the deceased persons and their death were caused on account of fire arm injuries, in the night between 10th and 11th August, 1991. As the learned counsel for the appellants has not disputed this opinion and the ante-mortem injuries have been mentioned in the judgment of the trial Court we do not think it necessary to reproduce them.;