VINOD PRASAD J. - (1.) THIS appeal, preferred by three appellants Mahendra A-1, Mohari A-2 and Krishna Pal A-3, emanate from the judgment and order dated 27.8.83 passed by VIIIth Additional Session's Judge, Ghaziabad, in S.T. No. 269 of 1981, State V. Mahendra and others, by which learned trial Judge has convicted the appellants for the murder charge under section 302/34 I.P.C. and has sentenced them to imprisonment for life therefor.
(2.) BACK ground facts, germinating this appeal, were contained in the written FIR, Ext. Ka-1, and later on elaborately divulged by the informant Hoshiyar Singh PW1, in the concerned Session's Trial, were that the informant, his two sons Mangey Ram(deceased) and Khub Singh (scribe), along with two appellants A-1 & A-2,were co villagers, all of them being residents of village Dariyapur P.S. Bahadurgarh, district Ghaziabad. Third appellant Krishna Pal was a resident of another village Bharna, P.S.Simbhawali, district Ghaziabad. On 11.11.1980, Mangey Ram(deceased) along with Ranvir,P.W.2, had assaulted A-2 regarding, which an FIR was lodged against them. Following day of the said incident, A-1, had also lodged an FIR against the deceased for assaulting and belabouring him. Some fifteen or sixteen days later on, present incident occurred, when in the intervening night of 27/28.11.1980 at about 12p.m., mid night the three appellants, all carrying fire arms, accompanied with a fourth unknown companion, who was armed with a lathi, came to the informant's thatched abode within his pen, where the informant and the deceased were sleeping on two different cots. A lamp was lighting in a wall hole at that moment. Sudden bang sound woke up the informant who saw all the accused standing near the cot of Mangey Ram deceased. Informant meddled them and raised shouts, on which, the assailants shot dead Mangey Ram by causing him fatal fire arm injuries on his chest and hand. Hearing informant's shrieks and gun shots, neighbours Ranvir P.W.-2, Onkar and other co-villagers arrived at the incident scene, who all had witnessed the murder and had spotted the assailants. Executing murder accused had retreated from the murder spot and eloped in darkness. Informant Hoshiyar Singh, P.W.1,dictated FIR, Ext.Ka.-1, to his another son Khub Singh, who scribed it and then informant PW1 measured a distance of 16 Km to P.S. Bahadurgarh, where he lodged his FIR next day morning at 6.30 a.m. as crime no. 181 of 1980,u/s 302 I.P.C. against the three named accused appellants and an unknown accused. Constable clerk, Dalbir Singh registered the crime by preparing chik FIR Ext. Ka 14 and GD entry Ext. Ka.15, which has been proved by constable Ram Prakash P.W.-6.
(3.) S.I. Ramraj P.W.5, engineered the investigation into the crime which was registered in his presence. First of all I.O. performed inquest on the deceased's cadaver, prepared inquest report, Ext. Ka.3 and other relevant documents Exts. Ka 4 to Ka 6. Lamp, which was alleged to be burning at the spot during the murder was checked by the I.O., who, thereafter, handed it over to the informant P.W.1 after preparing it's seizure memo Ext. Ka7. I.O. had also collected pieces of blood stained rajai (Ext.1), blood stained tahmad (wrapper)Ext.2, blood stained quilt (Ext.3), blood stained ties of the cot (Ext.4),six pellets underlying the cot (Ext.5), blood stained and plain earths (Ext.6 and 7) from the incident place and had prepared a single recovery memo in respect of these recoveries vide Ext.Ka 8. Impression seal Ext. Ka 9. After finishing inquest, cadaver of the deceased was sealed and seal impression Ext. Ka 10 was prepared and the corpse was handed over to Constables Rakesh Kumar, PW4,and Const. Meharban Singh, to be carried to the mortuary for autopsy. Subsequent thereto,PW5, interrogated informant and other eye witnesses. Some extracts of interrogatory statements of Ranvir, PW2 are Ext. Ka 11. I.O. had also conducted spot inspection and had sketched site plan map Ext. Ka 12 and concluding investigation had charge sheeted the appellants on 7.1.1981 for offences u/s 302/34 I.P.C. vide Ext. Ka13. Autopsy on the dead body of the deceased was conducted on 29.11.1980 at 4.05 pm by Dr. Anil Kumar, M.O.M.H.G. Hospital, Ghaziabad, P.W.-3. According to the doctor's estimation deceased was 22 years of age and quarter to three days had lapsed since his death. His eyes and mouth were closed, he had an average built body, on which rigorous mortis was present. In the stomach there was semi digested food whereas large and small intestines contained gasses. Cause of the deceased death was shock and haemorrhage because of sustained injuries. Following ante mortem injuries were noted by the doctors in deceased's post mortem examination report Ext. Ka.2:- "A.M. injuries:- (1)Multiple gunshot wound(as fire arm injury)on Lt side chest in the area 3.5 cm x 3 cm lateral to mid line and 3 1/2 cm above the nipple having tattooing and blackening with blood clots as wound of entry having no exit. (2) Lacerated wound aneroid posteriorly 10cmx 12 cm tendon deep with multiple compound fracture (3) Lacerated wound on the Lt. hip joint skin deep 6cmx 3 cm." ;