ANIL KUMAR SHARMA, J. - (1.) IN aforesaid appeals the appellants have challenged the judgment and order dated 15.12.2000 passed by 5th Addl. Sessions Judge, Firozabad in S.T. no. 269 of 1998 whereby they have been convicted for the offences punishable u/s 147, 148, 302/149 and 506 and sentenced to imprisonment for life and fine of Rs. 5,000.00 each with default stipulation u/s 302 read with section 149 IPC. They have been further sentenced to undergo six months R.I u/s 147 IPC , One year RI each u/s 148 and 506 IPC. All the sentences were directed to run concurrently.
(2.) THE prosecution story in nutshell is that on 12.9.1997 at 10.30 a.m. Bateshwari Prasad s/o Gopi Ram Yadav r/o Village Zafrabad P.S. Makhhanpur submitted a written report at P.S. Makhhanpur, Firozabad stating that his son Ajendra along with Kishan Lal s/o Janak Singh r/o Chandrai P.S. Sirsaganj District Firozabad were taking Smt. Baikunthi Devi (mother-in-law of Kishan Lal) from the village to consult a doctor. When they reached outside the village near the bajra fields of Sobran and Kitab Singh at about 9 a. m., they were intercepted and surrounded by accused Vijay Pal, Mahipal and Brij Mohan sons of Raghu Nath Yadav r/o Village Zafrabad, Annaiya s/o Kali Charan r/o Village Tikamai P.S. Jasrana District Firozabad, Shyam Singh @ Shyama s/o Rameshwar r/o Village Badanpur Karkha P.S. Makhanpur. and two unknown persons. All the miscreants were armed with fire arms of different kinds and they opened indiscriminate firing on Ajendra @ Lalu and his companion Kishan Lal who was driving the motor cycle. At the same time the grand-father and father of Ajendra @ Lalu were going to see off Janak Singh father of Kishan Lal and they also arrived at the scene of occurrence and saw the incident. Ajendra and Kishan Lal sustained several fire arm injuries and died instantaneously at the spot. Bateshwari Prasad father of deceased Ajendra @ Lalu submitted written report scribed by his brother Balbir Singh at the police station Makkhanpur and accordingly case at crime no. 121/97 u/s 147, 148, 149, 302 IPC was registered, investigation whereof was taken up by S.O. Vishwa Nath Singh himself. He reached at the spot soon after the registration of the case and prepared inquest of the cadaver of both the deceased. He prepared site plan and seized simple and blood stained earth from the spot as also 3 empties of 12 bore and brass each as also three wooden pieces of butt through recovery memo. The dead bodies of the deceased were sent for post mortem examination in sealed cover. Dr. S.C. Gupta conducted autopsy on 12.9.1997 from 10 p. m. onwards. He found following ante mortem injuries on the person of 25-years' old Kishan Lal: 1.Gun shot wound of entry on left side upper lateral surface of chest 2.5 cm x 1.5 cm x chest cavity deep. Margins inverted and lacerated. 2.Gun shot wound of entry on left middle and index finger of hand dorsal surface 3.0 cm x 2.0 cm x bone deep blackening present with fracture. 3.Gun shot wound of entry on left forearm 2.0 cm. x 2.0 cm x muscle deep. Margins inverted and abraded 3.0 cm away from wrist joint. 4.Gun shot wound of exit of injury no. 3 on left upper arm. Margins everted through and through 3.5 cm x. 2.5 cm x bone deep. A long metallic bullet was recovered from right side chest cavity wall. The same night Dr. Gupta performed post-mortem examination on the body of 22-years' old Ajendra at 10.30 p. m. and found following ante mortem injuries: 1.Gun shot wound of entry on dorsal surface of left forearm 4.0 cm. x 3.5 cm bone deep through and through. Blackening and scorching present. Margins inverted. 2.Gun shot wound of exit of injury no. 1 on ventral surface of left forearm 6 cm x 3.0 cm x through and through. Margins everted. 3.Multiple gun shot wounds of entry on upper part of chest and face 0.75 cm x 0.75 cm x skin deep. Margins inverted. Blackening present on surface. 4.Gun shot wound of entry on lower part of back of chest near mid line 4 cm x 4 cm abdominal cavity deep. Scorching present. Margins inverted. Wadding piece and six pellets were recovered from abdominal cavity of the deceased. In the opinion of the doctor both the deceased suffered death due to shock and haemohrrage on account of ante-mortem injuries. The investigating officer recorded statements of witnesses and prepared site plan. The investigation ended in charge-sheet against the accused persons. After committal of the case to the Court of Session, learned Sessions Judge framed charges under section 147, 148, 302/149 and 506 IPC against all the accused, who abjured the guilt and claimed trial.
(3.) IN order to prove its case, the prosecution has examined complainant Bateshwari Prasad PW 1, Gopi Ram PW 2, Janak Singh PW 3, Dr. S. C. Gupta PW 4, Prahlad Singh PW 5, Constable Prahlad Singh PW 6, Constable Prem Singh PW 7, S. I. Vishwa Nath Singh PW 8 and SI Y.K.Ponia PW 9. All the accused persons in their separate statements u/s 313 Cr.P.C. have again denied the prosecution story and stated that false evidence had been given by the prosecution witnesses. However, they have not adduced any evidence in defence. The learned Addl. Sessions Judge after hearing parties' counsel had convicted and sentenced the accused-appellants as mentioned in para-1 of the judgment.;