Imtiyaz Murtaza, J. - (1.) In these seven appeals the factual matrix relates to the same incident and the judgment impugned being the same, they are heard together and disposed of by this common judgment.
(2.) All the appeals have been filed against the judgment and order dated 24.4.2004 passed by Additional Sessions Judge/Fast Track Court No. 1 Bhadohi in State of U. P. v. Udai Bhan Singh alias Doctor Singh and Ors., Session Trial No. 162 of 2000 convicting and sentencing the appellants under Section 302/149 I.P.C. for imprisonment of life and fine of Rs. 5,000/-, in default of payment of fine, one month further R.I., under Section 147 I.P.C. for three months R. I. and fine of Rs. 500/-, in default of payment of fine three months further R.I. and further convicting and sentencing the appellants under Section 148. I.P.C. for six months R.I. and fine of Rs. 1000.00 in default of payment of fine 15 days further R. I. All the sentences were ordered to run concurrently.
(3.) Brief facts of the case are that on 4.4.1999 one Rakesh Kumar Pandey alongwith his brother-in-law Surya Narain alias Vakil Shukla were coming from Aurai to Gopiganj in his personal Car No. WB 26A 7554. In the car Surya Narain alias Vakil Shukla, Devi Shanker Dubey, Rakesh Kumar Pandey and Prem Shanker Dubey were sitting and Shesh Mani was driving the car. At about 3 p.m. when they reached at Trimuhani of Mirzapur road in township Gopiganj on G.T. road, accused Udai Bhan Singh, Tehsildar Singh, Akbal Bahadur alias Atkoti singh, Prem Singh, Dhunni Singh, Munni Singh, Daroga Singh, Rajeshwar Upadhyay, Pintoo Singh and two other persons who were armed with latest weapons started firing. On account of this, his brother-in-law Surya Narain alias Vakil Shukla, Devi Shanker Dubey and car driver Shesh Mani died on the spot. He and Prem Shanker Dubey who were sitting on the back seat of the car came out of the car and received injuries also. Licensed Rifle of Prem Shanker Dubey was left in the car, which was taken away by one of the assailants. The occurrence was witnessed by Shiv Prasad @ Dangar Tewari, Mukund Lal, Ram Dutt Mishra and other persons. Shopkeepers started running away after closing their shutters. It is further stated that there was enmity between Surya Narain alias Vakil Shukla and Udai Bhan Singh with regard to some contract work. The report was lodged at 3.45 p.m. by one Rakesh Kumar Pandey at police station Gopiganj and the distance of police station from the place of occurrence is one km. Uma Shanker Pandey, Head Constable prepared the chik F.I.R. (Ext. Ka-2) and entered it in the G.D. (Ext. Ka-3). S.I. Vidya Prakash Misra started investigation. He reached at the place of occurrence and recorded the statement of informant Rakesh Kumar Pandey. S.I. Rashid Ahmad prepared the inquest report of Surya Narain alias Vakil shukla, Devi Shanker Dubey and Shesh Mani on his dictation. Dead bodies were sent for the most mortem examinations. He prepared the site plan (Ext. Ka-25) and collected blood stained and plain earth from the place of occurrence, broken pieces of glass of car, a piece of Raxine, blood stained shoes, empty cartridges, one Rifle and 9 mm Pistol of deceased Surya Narain Shukla and prepared its recovery memos (Ext. Ka-26 to Ka-32). The dead bodies were sent for the post mortem examination through constables Devi Prasad Pandey and Prabhu Nath Yadav. Post mortem of the deceased Devi Shanker Dubey was conducted by Dr. Radhey Raman, Medical Officer, Maharaj Chet Singh Hospital, Gyanpur 4.4.1999 at about 11.55 p.m. He found following ante mortem injuries on the dead body of the deceased Devi Shanker Dubey: 1. Fire arm wound of entry charring and tattooing of size 2.00 cm x 1.00 cm. on left side of chest just below the mid part of left cavicle. Left side clavicle fractured with same wound of exit. 2. Fire arm wound of entry with charring and tattooing around of size 1.00 cm. x 1.00 cm. on right supra clavicular region 4.00 cm. medial to top of right shoulder, margins of wound inverted with its wound of exit of size 2.5 cm. x 2.00 cm. on left side of chest on its lateral side 5.00 cm. lateral and just below to left nipple margin of wound of exit is everted. 3. Abraded contusion of size 2.00 cm. x 2.0 cm. on right side of forehead.;