SURENDRA KUMAR, J. - (1.) SIX accused persons namely, Kalloo (appellant No. 1), Jagdish (appellant No.2), Sheo Narain alias Baredi (appellant No. 3), Lala Ram (appellant No.4), Moti Lal (appellant No. 5) and Bhagwat (appellant No. 6), preferred this appeal challenging their conviction and sentence recorded vide judgment and order dated 17.5.1982 passed by the Additional Sessions Judge, Hamirpur, in Sessions Trial No. 48 of 1981-State Vs. Kalloo and five others, by which all the six accused persons (appellants herein) were convicted under Section 302 I.P.C. read with Section 149 I.P.C. and sentenced to imprisonment for life. Four appellants namely, Kalloo, Jagdish, Sheo Narain and Lala Ram were also convicted under Section 307 I.P.C. read with Section 149 I.P.C. and each of them was sentenced to four years Rigorous Imprisonment thereunder, and two years Rigorous Imprisonment on being convicted under Section 148 I.P.C. Two accused persons namely, Bhagwat and Moti Lal were also convicted under Section 147 I.P.C. and sentenced to undergo Rigorous Imprisonment for a period of one year. All the sentences were directed to run concurrently.
(2.) THE appellant No. 2 Jagdish and appellant No. 6 Bhagwat have died pending consideration of their appeal and on account of their deaths, their appeal has been abated vide order dated 19.3.2012. THE appellant No. 4 Lala Ram claimed his juvenility and report regarding his juvenility has been received. The prosecution case against the accused persons/appellants is that on 24.6.1980 at 6.00 A.M. deceased Ram Narain, son of Chunbaddi, resident of Village Parehta, Police Station Maudaha, was going to feed his cattle in the cattle-shed. When he reached in front of the door of the said house, accused Jagdish and Kalloo both armed with guns, accused Sheo Narain armed with Pharsa, accused Lala Ram armed with Barchhi and accused Moti Lal and Bhagwat armed with Lathis met him. They all challenged him saying that he had tried to falsely implicate them in a theft case and, therefore, they would not spare him. Accused Jagdish and Kalloo then fired two separate shots from the guns possessed by them. Deceased Ram Narain received gun shot injuries and fell down on the ground. He died at the spot. Witnesses Ram Sajiwan, Ram Asrey and Ram Sanehi had seen this incident from their houses which was just near the place of the incident. They immediately reached there and intervened to rescue Ram Narain but the said accused persons had bet the witnesses also with the arms possessed by them. All the three witnesses received injuries. The other witnesses Raj Bahadur and Kamtu were also present there. They intervened and then the accused persons fled away leaving the deceased and the other injured witnesses. The aforesaid injured witnesses, with the help of other two witnesses Raj Bahadur and Kamtu picked up the dead body of Ram Narain from there and placed it on the door of the house so that the accused persons later on could not remove it from there. Injured witness Ram Sajiwan, who is nephew of the deceased, then got a report written by Ambika Prasad, resident of village Sisolar and then went to the Police Outpost Sisolar of Police Station Maudaha. The written report is Ext. Ka-1. A formal F.I.R. Ext. Ka-6 was recorded at Police Outpost Sisolar at 8.30 A.M. A case under Sections 147, 148, 149, 302, 307, 323 and 324 I.P.C. was registered against the accused persons at Rapat No. 6 the same day i.e. on 24.6.1980 at 8.30 A.M. Copy of the G.D. is Ext. Ka-9. The other injured witnesses Ram Sanehi and Ram Asrey had also gone with Ram Sajiwan to Police Outpost Sisolar. All the three injured witnesses were sent to Primary Health Centre, Maudaha for examination of their injuries. Dr. R.D. Misra examined the injuries of Ram Asrey, Ram Sanehi and Ram Sajiwan on 24.6.1980 at 10.10 P.M., 10.20 P.M. and 10.30 P.M. respectively. Dr. R.D. Misra examined the injuries of the injured Ram Asrey (PW-3) and found the following injuries on his person:- 1. Incised wound 7 cm. x 1/2 cm. on the middle of left parietal region of scalp, 10 cm. above the left eye-brow. The wound was seen by magnifying glass. Margins were clear cut. Wound was deeper, muscle deep at middle and skin deep at the ends. There was oozing of serous material and clotted blood was present there. 2. Contusion 2 cm. x 1 cm. on the frontal portion of scalp, left side, just connected with left eye-brow, red in colour. 3. Contusion 2 cm. x 1 cm. on the left side of cheek 1 cm. below the left ear, reddish in colour. 4. Contusion 6 cm. x 2 cm. on the left shoulder, tender skin, reddish in colour. 5. Contusion 6 cm. x 6 cm. swelling 6 cm. x 6 cm. on the palmer aspect of left side of thinner eminence, tender, regular, skin was red in colour. 6. Contusion 8 cm. x 2 cm. on the medial border of left scapula, 10 cm. below left shoulder, tender, skin was red. 7. Swelling 7 cm. x 4 cm. on the middle of lateral aspect of right leg, 4 cm. below the right knee joint, tender, regular, skin was reddish in colour. All the above injuries were simple caused by any blunt object except injury No. 1 which was caused by any sharp object. Duration was about one day. The injury report is Ext. Ka-4. Dr. Misra examined Ram Sanehi (PW-2) and found the following injuries on his person:- 1. Stab wound 1 cm. x 0.5 cm. on the left side of middle axillary line, 2 1/2 cm. below the axilla. Wound was 3 cm. deep, directed anteriorly towards the left chest oozing with serous material, tender. 2. Contusion 8 cm. x 4 cm. on the middle of back obliquely placed on the left side, tender, skin was red in colour. 3. Contusion 5 cm. x 2 cm. on the middle of right side of scapula, tender, red. 4. Swelling 6 cm. x 2 cm. on the palmer aspect of lower part of left side of forearm, tender, regular. There was lack of movement. Therefore advised X-ray A.P. and lateral view of lower part of left forearm. 5. Swelling 3 cm. x 2 cm. on the dorsal aspect of right little finger, tender, skin over it was red in colour, swelling was regular. 6. Black red lining tender on the anterior aspect of lower part of left side of thigh. All the above described injuries were simple in nature except Injury No. 4 which was under observation till X-ray. Injury No. 1 was caused by any pointed object and the rest were caused by blunt object. Duration was about one day. The injury report is Ext. Ka-3.
(3.) DR. Misra also examined Ram Sajiwan (PW-1) and found the following injuries on his person:- 1. Incised wound 5 cm. x 1/2 cm. on the posterior part of right side of parietal region of scalp, wound was placed obliquely, 9 cm above from the right ear, tender, seen by magnifying glass. There was oozing of serous material and clotted blood was there. 2. Lacerated wound 4 cm. x 1 cm. on the posterior part of parietal region of scalp, placed 11 cm. above the left side of ear, tender, there was oozing of serous material and clotted blood was there. 3. Contusion 8 cm. x 2 cm. on the supra scapula region of right side tender, skin was reddish in colour. 4. Contusion 5 cm. x 2 cm. on the upper part of supra scapula region of right scalp, 1 1/2 cm. above the injury no. 3. 5. Contusion 5 cm. x 2 cm. on the anterior aspect of right shoulder, tender, skin over it was red in colour. 6. Swelling 10 cm. x 7 cm. on the posterior aspect of right side of right forearm, tender, skin over swelling was red in colour, swelling was regular. 7. Contusion 4 cm. x 3 cm. on the posterior aspect of middle of right forearm, 10 cm above the right wrist joint, tender, skin over it was red in colour. 8. Abrasion 2 cm. x 1 cm. on the posterior aspect of left elbow joint, tender, skin over it was red in colour. 9. Contusion 12 cm. x 2 cm. on the left side of lateral border of scapula, 7 cm. below the left clavico aeromial joint-tender, skin was red in colour. 10. Contusion 8 cm. x 2 cm. on the supra scapula region of left side, 4 cm. below the left clavico aeromial joint, tender, skin over it was red in colour. 11. Contusion 13 cm. x 2 cm. on the left side of upper part of back, obliquely placed, tender, skin over it was red in colour. 12. Contusion 19 cm. x 2 cm. obliquely placed on the medial border of right side of scapula, tender, skin over it was red in colour. 13. Contusion 16 cm. x 2 cm. on the right side of back, 8 cm. below the root of neck of right side, tender, skin over it was red in colour. 14. Contusion 14 cm. x 2 cm. on the right side of back from the anterior angle of right scapula to right deltoid muscle, tender, skin over it was red in colour. 15. Contusion 12 cm. x 2 cm. on the right side of shoulder, 2 cm. above the injury No. 14. 16. Contusion 10 cm. x 2 cm. on the anterior aspect of middle of left side of leg, tender, skin over it was red in colour. All the above described injuries were simple in nature, caused by any blunt object except injury no. 1 which was caused by any sharp weapon. Duration was about one day. The injury report is Ext. Ka-2. The Investigating Officer, Sri Sheo Shankar Sachan (PW-9) of Police Station, Maudaha, started investigation on receipt of copy of the F.I.R. and G.D. through constable Bhuwaneshwar Prasad of Police Outpost Sisolar. He first went to Police Outpost Sisolar and then proceeded to the spot where he found two constables Radharaman and Drig Pal Singh near the dead body. These constables belonged to Police Outpost Sisolar. The Investigating Officer found the dead body lying on a cot in front of the door of deceased. He appointed Panches and thereafter inspected the dead body and prepared inquest report, Ext. Ka-11. He then got the dead body sealed at the spot in presence of the Panches and sent it for post-mortem examination with the Khaka Nash Ext. Ka-12 and Challan Nash Ext. Ka-13. He also recovered one blood-stained Baniyan from the dead body. He sealed it at the spot and prepared recovery memo, Ext. Ka-14. The dead body was sent through constables Radharaman and Drig Pal Singh for post-mortem examination. The letter written to the Medical Officer is Ext. Ka-16. The Investigating Officer then recorded the statements of the witnesses and prepared site plan, Ext. Ka-17. He also collected blood-stained and simple earth from the place of the incident and sealed it in two small tins vide memo Ext. Ka-18. The Investigating Officer also found a can filled with oat materials and one basket filled with grain materials meant for feeding cattle. He recovered the same and thereafter gave it in the Supurdagi of Ram Kumar vide memo Ext. Ka-19. He then tried to search out the accused persons but they were not available. This investigation was continued by another S.I. Sri Laxmi Narain (PW-8) of Police Outpost Sisolar. PW-8 received the injury reports of Ram Sajiwan, Ram Asrey and Ram Sanehi. PW-8 also made search of the accused persons. He came to know later on that the accused persons surrendered in court and were sent to jail. He recorded the statements of the witnesses and recovered their blood-stained clothes also vide memo Ext. Ka-8. PW-8 recorded the statements of the accused persons in District Jail on 8.7.1980. The dead body of the deceased Ram Narain was examined by Dr. V.K. Nigam (PW-6) of District Hospital, Hamirpur on 25.6.1980 at 2.45 P.M. He found the body in sealed condition. It was identified by constables Radharaman and Drig Pal Singh. The deceased was about 42 years old. The body was of average built. Rigor mortis passed off from upper and lower limbs. Blisters present all over the body, greenish discoloration present on the lower part of abdomen. Scrotum and penis swollen, faecal matter with gases, abdomen distended, face blotted, eyes closed, mouth half open, skin peeled off from several places. ;