Anil Kumar Sharma, J. - (1.) IN both these appeals, the appellants have challenged the judgment and order dated 30.9.2004 passed by Sri Mohd. Husain, the then Additional Sessions Judge/Fast Track Court No. 4, Ghazipur in S.T. No. 658 of 2003. State v. Dev Muni Ram and two others, in Case Crime 384 of 2003, under Sections 302, I.P.C. and 7, Criminal Law Amendment Act, S.T. No. 654 of 2003, State v. Dev Muni Ram and two others, in Case Crime No. 385 of 2003, under Section 307, I.P.C. S.T. No. 655 of 2003, State v. Dev Muni Ram son of Lachhi Ram, in Case Crime 386 of 2003, under Section 3/25. Arms Act. S.T. No. 656 of 2003. State v. Ashok Kumar son of Ram Dayal, in Case Crime 387 of 2003, under Section 3/25. Arms Act and S.T. No. 657 of 2003. State v. Manoj Kumar son of Raj Nath, in Case Crime 388 of 2003, under Section 3/25, Arms Act. P.S. Bhudkuda, district Ghazipur, whereby all the three accused -appellants aforesaid. have been convicted and sentenced as under: The sentences awarded to each accused -appellant were to run concurrently. All the accused were, however acquitted under Section 7 of Criminal Law Amendment Act. The prosecution story, in nut shell, is that on 7.8.2003 at about 11.00 a.m. Smt. Prabha Devi wife of the deceased Vehphu Ram resident of Village Padumpur Megar Rai, P.S. Bhudkuda, district Ghazipur, submitted a written report at P.S. Bhudkuda wherein she stated that same day at about 10.00 a.m. she alongwith her husband Vehphu Ram was going towards Rampur Balbhadra and when they reached in front of pumping set of Kanhai Yadav on account of old enmity due to land dispute their pattidar Devmuni Ram son of Lakshiram, Ashok Kumar Harijan son of Ram Dayal Harijan, resident of Village Khutahi, P. S. Shadiyabad and Manoj Kumar, son of Rajnath Harijan. resident of Village Saidpur Budhe Mahadev, P.S. Saidpur district Ghazipur, who were already hidden in the clump of leaves there all of a sudden killed her husband by firing shots from their country made pistol. The dead body is lying on the spot, public had assembled at the spot and had jammed the road. The report further stated that due to indiscriminate firing the public was frightened. The incident was witnessed by co -villagers Virendra, son of Daulat Ram and Ramashrya, son of Ram Surat Ram. On the basis of this report a case at Crime No. 384 of 2003, under Section 302, I.P.C. and 7, Criminal Law Amendment Act, was registered, investigation whereof was taken over by the S.O. Om Prakash Singh. He reached at the spot, interrogated the complainant and at her instance prepared site -plan. The inquest of the deceased was prepared and his dead body alongwith usual papers was, sent for post -mortem examination in sealed cover.
(2.) DR . Sanjay Kumar Rai conducted autopsy upon the cadaver of the deceased on 8.8.2003 at 3.30 p.m. He found that both eyes of 40 years old deceased were half open and mouth was closed. Rigor Mortis was present in lower extremities and passed off in upper extremities. He found the following ante -mortem injuries on the person of the deceased: (i) Fire arm wound of exit 5 cm. x 5 cm. x cranial cavity deep present in left temporal parietal area, margins everted; (ii) Fire arm wound of entry 4 cm. x 4 cm. x cranial cavity deep present in occipital region, margin inverted, grease collar and abrasion collar present; (iii) Fire arm wound of entry size of 1.5 cm. x 1.5 cm. x thoracic cavity deep present on right side of chest 6 cm. below right axilla. Blackening tattooing present. (iv) Fire arm wound of exit 3 cm. x 3 cm. x thoracic cavity deep present on right side of chest 10 cm. below right clavicle, margins everted. (v) Fire arm wound of entry 2.0 cm. x 2.0 cm. x cavity deep present on right side of chest abrasion and grease collar present, blackening present. (vi) Fire arm wound of exit on right side of chest 3 cm. x 3 cm. x cavity deep on back just above right iliac crest, margin everted. (vii) Fire arm wound of exit on right side of back 10 cm. above injury No. 6 size of 3 cm. x 3 cm. x cavity deep. (viii) Fire arm wound of entry size of 3 cm. x 3 cm. x cavity deep on right side of middle of back 20 cm. below seven 7th process margins inverted, abrasion and grease collar present. (ix) A fire arm wound of entry 2 cm. X 2 cm. x cavity deep present on left side of chest, 4 cm. below left clavicle margins inverted abrasion and grease collar present. On internal examination, Dr. Sanjay Kumar Rai found that left temporal and occipital bones were fractured, brain and membranes, pleura, pericardium and both lungs were lacerated. On careful dissection and probing the doctor found that Injury No. 1 is co -related with injury No. 2. On dissection of injury No. 3 rib was found fractured and a conical metallic bullet was recovered. Injury No. 4 was co -related with injury No. 8, injury No. 5 was co -related with injury No. 7 and injury No. 6 is co -related with injury No. 9. In the stomach semi digested food was found. In the opinion of the doctor, the deceased suffered death about a day before due to shock and haemorrhage, as a result of ante -mortem fire -arm injuries. The Investigating Officer collected sample of plain and blood stained earth, an empty cartridge of 315 bore, 1 empty cartridge of 12 bore, 1 empty cartridge of 303 bore and one bullet each of 315 and 303 bore were recovered from the spot and prepared memos in presence of public witnesses. On 7.8.2003. during search of the accused persons on the information of the informer all the three accused persons were arrested at 5.00 p.m. near village Sofipur, who made life attempt on police personnel and from the hand of accused Dev Muni Ram, a country made pistol of 315 bore containing one empty cartridge and from left pocket of his pant two empty cartridges were recovered. On search of accused Ashok Kumar, a country made pistol of 12 bore containing an empty cartridge in the barrel and three live cartridges were recovered from his possession. Accused Manoj Kumar, was found in possession of a country made pistol of 303 bore and two empty cartridges. The recovery memo was prepared on the spot and its copy was furnished to all the three accused persons.
(3.) ON the basis of the recovery memo, separate cases under Section 307/34. I.P.C. and 25 of the Arms Act were registered at the Police Station against each accused and investigation whereof was entrusted to Sub Inspector Lal Bahadur Singh. The articles recovered from the possession of the accused and from the spot were sent for examination to the Forensic Science Laboratory, Lucknow and their reports Exts. Ka -27 and Ka -28 were received. The investigation of all the aforesaid cases ended in charge -sheet against the accused persons.;