- (1.) THESE two appeals are directed against the judgment and order of the Additional Sessions Judge, Court No. 1, Etah dated 08.09.2008, whereby all the four accused, who are appellants before this Court, namely Sukhbeer Singh s/o Amrit Singh, Soorbeer Singh s/o Amrit Singh, Amrit Singh s/o Roop Singh, Munesh s/o Amrit Singh, were convicted of an offence under Section 302 read with Section 34 IPC and were sentenced to undergo life imprisonment. Appellant Amrit Singh s/o Roop Singh one of the appellant in Criminal Appeal No. 6511 of 2008, as per the report of the C.J.M., has expired during the pendency of the appeal on 12.09.2009. Hence appeal of Amrit Singh stands abated.
(2.) FACTS in short giving rise to the present appeals are as follows: A first information report was registered by one Ram Dayal on 03rd March, 2000 with the Senior Superintendent of Police, Etah, wherein it was stated that his son namely Rambeer Singh at around 6.30 a.m. in the morning had gone to attend the call of nature towards Bamba and while returning Amrit Singh s/o Roop Singh, Sukhbeer Singh s/o Amrit Singh and Munesh s/o Amrit Singh surrounded Ramvir on the road near the Pulia. Amrit Singh and Munesh were armed with Lathi while Sukhbeer Singh was armed with Kulharka (small Axe). The aforesaid three persons assaulted Rambeer with Lathi and Kulharka with the intention to kill him. Ram Prakash s/o Naththu Singh, Rajnish @ Cheena s/o Udaiveer Singh and one Rajesh Kumar s/o Lajjaram rushed to the spot to save Rambeer . In the meantime Soorbeer Singh s/o Amrit Singh came with his utility Jeep No. U.P. 82-A-9372. Amrit Singh exhorted Soorbeer Singh to kill Ramvir Singh son of informant. Soorbeer Singh drove the vehicle over Rambeer Singh with the intention to kill him, which resulted in serious injuries. Informant along with other residents of the village took Rambeer Singh to Etah hospital, on way Rambeer Singh expired. In the first information report it was specifically mentioned that the accused had enmity with the informant and it is in this background that they had killed his son. It was also informed that the informant had visited the police station but his report was not registered and therefore he approached the Senior Superintendent of Police, Etah and only thereafter the first information report had been registered. It was also stated that the dead-body of the deceased was lying in the hospital at Etah. Accordingly, an offence under Section 302 IPC was registered. The Chik first information report was marked as Exhibit-Ka-5, which was endorsed in G.D., which was marked as Exhibit-Ka-4.
(3.) INVESTIGATION of the offence was taken over by S.I. Vinod Kumar Shukla, who visited the place of incident and prepared a site plan, which is marked as Exhibit-Ka- 2. The inquest of dead-body was done by the S.I. Prem Singh. The letter to the C.M.O., copy of the Photo Lash and Challan Lash was written by S.I. Prem Singh and proved by P.W.- 4 and were marked as Exhibit-Ka-9 to Ka-11. The postmortem report was marked as Exhibit-Ka-7. After investigation charge-sheet was filed against appellant Soorbeer Singh and Sukhbeer Singh under Section 302 IPC, which is marked as Exhibit-Ka-3.;