Ramesh Sinha, J. - (1.) THE aforesaid jail appeals have been filed by the appellants against the judgment and order dated 24.9.2009, passed by the Additional Sessions Judge, Court No.3, Ghaziabad in S.T. No.1371 of 2007 (State Vs. Braj Pal and others), whereby the appellants -Braj Pal, Mukesh, Ravi and Ajai alias Ajju have been convicted under Section 302 read with Section 149 I.P.C. and sentenced to penalties for death. Again the appellants have been convicted under Section 148 I.P.C. and sentenced to rigorous imprisonment for three years. THE appellants have also been convicted under Section 307 read with Section 149 I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs.50,000/ - each and in default of payment of fine, they have to undergo three months further imprisonment. Again, the trial Court convicted the appellants under Section 452 I.P.C. and sentenced to undergo further imprisonment for seven years rigorous imprisonment each and a fine of Rs.10,000/ - and in default of payment of fine, they have to undergo further simple imprisonment for one year. THE appellants -Mukesh and Ravi have also been convicted under Section 404 I.P.C. and to undergo rigorous imprisonment for three years and in default of payment of fine, they have to undergo six months simple imprisonment. THE appellants -Mukesh and Ajai alias Ajju have been convicted under Section 25/4 and Section 25 (1) -Kha of the Arms Act and sentenced to two years rigorous imprisonment to each and a fine of Rs.5000/ - and in default of payment of fine, they have to undergo six months rigorous imprisonment. All the sentences of the appellants shall run concurrently and the period undergone in jail by the appellants shall be merged in the sentence.
(2.) SINCE the aforesaid four appeals have been preferred against the impugned judgment and order of the trial Court, hence the same are being decided by one common judgment. The brief facts shorn of background and frills are set out as under: The complainant's brother Vijay Pal Singh, son of Horam Singh, was sleeping in his house along with his family members and son -in -law of Vijay Pal Singh (deceased) namely, Mangal Singh, had also come there. It is alleged that on 24/25.8.2007 at about 3 A.M., the complainant -Braj Pal Singh on hearing the shriek of younger daughter, namely, Rashmi of Vijay Pal Singh (deceased) reached along with other villagers at the house of Vijay Pal Singh and saw an unfortunate incident in which the complainant's brother Vijay Pal Singh aged about 40 years and Smt. Rajesh wife of Vijay Pal Singh aged about 38 years were lying on cots and their neck were cut by sharp edged weapons, due to which they had died. When the complainant along with other persons went on the roof, he saw Nishant, son of Vijay Pal Singh, aged about 21 years and son -in -law Mangal Singh, son of Jay Singh, resident of Ataur, who were also lying dead on the cot and their neck were also cut. Smt. Pinky, daughter of Vijay Pal Singh, was lying in an injured condition, who was taken to the hospital and admitted there. The dead body of all the four deceased persons were lying on the spot in the house. It has been further alleged that some unknown miscreants have committed their murder. The F.I.R. of the alleged incident was lodged on 25.8.2007 at about 4.30 P.M. by Braj Pal Singh real brother of deceased Vijay Pal Singh at Police Station -Murad Nagar, District -Ghaziabad, which is at a distance of 8 kms. away from the place of occurrence. Braj Pal Singh was later on made an accused in the present Case Crime No. 471 of 2007 for the offence under Section 302/307 I.P.C., which was endorsed in the G.D. No. 9 about 4.30 A.M. Smt. Pinky, wife of Mangal Singh (deceased) and daughter of Vijay Pal Singh (deceased), received injuries in the incident dated 24/25.8.2007 at about 3 A.M. She was medically examined in Sarvodaya Hospital, Ghaziabad by PW2 - Dr. Rajeev Sharma on 25.8.2007 at about 5.25 A.M. The injuries received by Smt. Pinky are as under: "INJURIES (i)Amputated little & ring finger at level of proximal crease (R) (ii)Cut lacerated wound on palmar aspect of (R) hand 8 cm. x 2 cm. red in colour. 2 cm distal to palmar crease. (iii)Cut lacerated wound on front side of forearm (R) 6 cm.x2 cm. red in colour profusely, bleeding, 5 cm. above wrist joint. (iv) Cut lacerated wound over face extending from (Lt.) Angle of mouth 5 cm. x 3 cm. (v) Cut lacerated wound over neck 5 cm. x 1 cm. just above upper crease of neck. (vi) Cut lacerated wound at base of index and middle finger on 'back side 2 cm. x 1 cm. & 2 cm. x 0.5 cm.respectively. (vii) Cut lacerated wound on (L) ear 3 cm. x 1 cm. red in colour and bleeding."
(3.) PW3 -Dr. Rajeshwar Yadav, Radiologist Sarvodaya Hospital, Ghaziabad, on the same day had performed the X -Ray on the neck and jaws of Smt. Pinky and prepared an X -Ray report to this effect. Four persons namely, Vijay Pal Singh son of Horam Singh, Smt. Rajesh wife of Vijay Pal Singh, Nishant son of Vijay Pal Singh, Mangal Singh son -in -law of Vijay Pal Singh and husband of Smt. Pinky were brutally killed in the alleged incident who belonged to one family. PW4 -Dr. K.N. Tiwari on 25.8.2007 conducted the post -mortem of four deceased persons, namely, Smt. Rajesh at about 2 P.M., deceased Vijay Pal Singh at about 2.30 P.M., deceased Mangal Singh at about 3 P.M. and deceased Nishant at about 3.30 P.M. respectively and found the following injuries: Smt. Rajesh Antemortem Injuries (Exhibit Ka -3) (1) Incised wound over neck lower part anteriorly and on Rt. Side 8cm. x 4 cm., bone deep, 3 cm. above supractenal notch, soft tissues of neck including blood vessels and trachea are cut in the wound. (2) Incised wound on Lt. Side neck lower part 8 cm. below ear 7 cm. x 3 cm. wound in muscle deep, soft tissue and muscle cut. Post Mortem wound Three clean cut wounds on right hand dorsum are present.. Size 8 cm. x 5 cm., 7cm. X 4 cm., 3 cm. x 2 cm., 2.3 cm. apart. Vijay Pal Antemortem Injuries (Exhibit Ka -4) (1) Incised wound in upper part of neck on anterior and sides size 10 cm.x 3 cm. bone deep, wound is 8 cm. below ear lobule laryux, hyoid soft tissues and blood vessels are cut in the wound. Post Mortem wound Post mortem wounds (1) clean cut 7 cm x 3 cm. on dorsum of Rt. hand, (2) Abrasion 7 cm. x 3 cm. on dorsum of Rt. hand and 1cmx 1cm clean cut over Lt. angle of mouth noted. Mangal Antemortem Injuries (Exhibit Ka -5) (1) Incised wound 25 cm.x 9 cm. on upper part of neck and lower jaw on anterior and Rt. Side, wound is reactive upto Vertebrae; Mandible, soft tissues of neck muscles, Laryx, hyoid and blood vessels are cut in the wound. (2) Upper part of wound in at level of ear lobule and oblique, oblique Incised wound on Rt. Side face, from upper lip to ear 11 cm. x 1 cm. muscle deep. Nishant Antemortem Injuries (Exhibit Ka -6) (1) Incised Wound 9 cm. x 2 cm, oblique, Rt. Side neck reaching upto mid line 6 cm. Below ear muscle deep. (2) Incised wound 5 m.m. Below injury no.1 on Rt. side neck reaching up to midline size 10 cm x 8 cm., muscles, Larynx, (thyroid cartilage and hyoid) vessels are cut in the wound. Pw9 - Ram Babu Saxena, S.I., who is the first Investigating Officer of the case, reached on the same day at Sarvodaya Nursing Home Ghaziabad where Smt. Pinky was admitted and recorded the statement under Section 161 Cr.P.C. of Smt. Pinky on 25.8.2007, who disclosed the name of the accused persons who were involved in the incident dated 24/25.7.2007, namely, Mukesh, Braj Pal Singh, Ravi, Ajai alias Ajju, Pramod and Abrar, who have committed the murder of all the four deceased persons and have also caused injuries to her. The Investigating Officer thereafter went to I.T.S. Dental College where he recorded the statement of Km. Rashmi, who is younger daughter of deceased Vijay Pal Singh and she also stated under Section 161 Cr.P.C. that it was the said accused persons who have committed the crime and also disclosed that one mobile phone of Reliance L.G. No. 9336780542 which belongs to her brother, is also not traceable.;