Vishnu Sahai, J. - (1.) THIS appeal has been preferred by Jagdish Singh, Udhav Singh, Madho Singh, Brahma Singh, Satrohan Singh, Ram Moorat Singh, Bhagwan Datt Singh, Paras Singh, Ashok Singh, Shivanand Singh, Suresh Singh, Bhaddar Singh, and Lalta against the judgment and order dated 18.3.1981 passed by the Ist Additional Sessions Judge, Gonda in Sessions Trial No. 45 of 1978, whereby they have been convicted and sentenced in the manner stated hereinafter : (i) Under Section 302/149, I.P.C. to suffer imprisonment for life. (ii) Under Section 307/149, I.P.C. to suffer three years' R.I. In addition, Ashok Singh, Jagdish Singh, Satrohan Singh, Madho Singh, Paras Singh, Lalta and Ram Moorat Singh have been convicted and sentenced to undergo two years R.I. for the offence punishable under Section 148, I.P.C. and Udhav Singh, Brahma Singh, Bhagwan Datt Singh, Shivanand Singh, Suresh Singh, and Bhaddar Singh have been convicted and sentenced to undergo one year's R.I. for the offence punishable under Section 147, I.P.C. Further, Ashok Singh, Satrohan Singh, Lalta and Bhaddar Singh have been convicted and sentenced to undergo three years' R.I. for the offence punishable under Section 201, I.P.C. The sentences of the appellants, on all the counts have been directed to run concurrently.
(2.) SHORTLY stated, the prosecution case runs as under : The informant Baijnath Singh P.W. 1 is the brother of the deceased Raghunath Singh. At the time of the incident, Baijnath Singh and Raghunath Singh were living in village Koyalwar Manjha, which was situated within the limits of police station, Umari Begamganj, district Gonda. There was enmity between the informant and Raghunath Singh on one hand and the appellants on the other. Proceedings under Section 107, Cr. P.C. were initiated by the appellants against Baijnath Singh and others. In 1975-76 appellants Paras, Madho, Udhav etc. were bound down under Section 107, Cr. P.C. On 17.6.1976, the informant Baijnath Singh P.W. 1, along with his brother Raghunath Singh (the deceased) and labourers Agnoo P.W. 2, Munna P.W. 5 and the deceased Ram Asrey went to village Kaithi to plough the field and sow paddy. At about 12 noon they finished their work and proceeded towards Koyalwar Ghat on the banks of Sarju river, to catch a boat for their house. While they were on the way and had reached near the madha of appellant Jagdish Singh, the thirteen appellants, namely, Jagdish Singh, Udhav Singh, Madho Singh, Brahma Singh, Satrohan Singh, Ram Moorat Singh, Bhagwan Datt Singh, Paras Singh, Ashok Singh, Shivanand Singh, Suresh Singh, Bhaddar Singh, and Lalta emerged. Jagdish Singh, Madho Singh, Satrohan Singh, Ram Moorat Singh and Lalta were armed with bhalas ; Paras Singh and Ashok Singh with pharsas ; and Udhav Singh, Brahma Singh, Bhagwan Datt Singh, Shivanand Singh, Suresh Singh and Bhaddar Singh with lathis. They surrounded the informant and others. Appellant Jagdish Singh instigated "Maar Lo, Jane Na Paye" (kill them, they should not be allowed to escape). Thereafter the thirteen appellants pounced upon the informant and others. The informant, however, managed to escape, while his brother Raghunath Singh, Ram Asrey, Agnoo and Munna sustained injuries as a consequence of the assault launched by the appellants. Ram Asrey succumbed to his injuries on the spot. Hearing the cries of the informant and others, Raja Ram P.W. 6, Har Prasad P.W. 10 and some others reached on the place of the incident and reprimanded the appellants. They also saw the incident. In self-defence, farsa, ballam and lathi were also used by the informant and others as a consequence of which, appellants Ashok Singh, Paras Singh, and Udhav Singh sustained injuries. Thereafter appellants Lalta, Ashok, Satrohan and Bhaddar with the corpse of Ram Asrey proceeded in the direction of Sarju river, followed by the other appellants. Lalta and others threw the corpse of Ram Asrey in Sarju river. Thereafter the informant along with his brother Raghunath Singh, who was precariously injured, and Munna and Agnoo, who were injured proceeded to his house. Since he felt that the appellants may be waiting in ambush, through a different way he proceeded to police station Umari Begumganj, district Gonda, where he lodged his F.I.R. The evidence of head constable Gorakh Nath Singh P.W. 14 shows that on 17.6.1976 the informant Baijnath Singh came to police station Umari Begumganj, Gonda and on his dictation he scribed the F.I.R. (exhibit ka-1) and after reading over the same to him he signed it. It is pertinent to mention that on the basis of the F.I.R. he prepared the chik F.I.R. exhibit ka-24. A perusal of exhibit ka-24 shows that it was lodged on 17.6.1976 at 4.10 p.m. and the distance between the place of the incident and police station Umari Begumganj, Gonda, was six miles. The evidence of S.I., Ram Naresh Singh P.W. 13 shows thus : On 17.6.1976, in his presence the F.I.R. was lodged at 4.15 p.m. He left the police station for the purposes of investigation and reached the place of the incident at 7.30 p.m. He sent for the informant Baijnath Singh and recorded his statement under Section 161, Cr. P.C. He thereafter recorded the statements of Raghunath Singh, Munna, Agnoo and other witnesses. Since there were injuries on the person of Raghunath Singh, Munna Kori and Agnoo he sent them, through a constable for medical examination. Next day (i.e., on 18.6.1976) he recorded the statements of witnesses Ram Khilawan, Sarju Prasad, Har Prasad, Raja Ram and others. He inspected the place of the incident with the help of the witnesses and prepared the site plan exhibit ka-11. From the place of the incident he seized plain and blood stained earth in separate containers, under recovery memos. On 18.6.1976, itself he arrested the appellants, Jagdish Singh, Udhav Singh, Paras Singh and Ashok Singh and took their statements. He found injuries on the person of Ashok Singh, Paras Singh and Udhav Singh. He sent the said persons to District Jail. On the said date at 11.50 a.m. he learnt about the death of Raghunath Singh and left for police station Umari Begumganj, Gonda, where he prepared the inquest on his corpse and thereafter sent it for autopsy. On 22.6.1976, at 5.35 p.m., Ram Khilawan P.W. 3 came to the police station and furnished information that the corpse of Ram Asrey was lying in the river. He recorded the said information in the G.D. and at 11.00 p.m. recovered the said corpse from the side of bank of Sarju river. At night since no light was available he prepared the inquest on it next morning. He thereafter sent it for autopsy. Thereafter the investigation was taken over from him by S.I. Raj Pal Singh. He has not been examined by the prosecution. It appears that Raj Pal Singh submitted the charge-sheet against the appellants.
(3.) GOING backwards, the injuries of Agnoo P.W. 2 and Munna P.W. 5 were medically examined on 18.6.1976 at 6.10 p.m. and 6.45 p.m. respectively by Dr. Ram Mohan P.W. 11, who found on the person of the former (Agnoo) following injuries : (i) Penetrating wound 1 cm. x 0.5 cm. x 3.5 cm. on left arm outer side. (ii) Swelling 22 cm. below the left shoulder and left forearm. (iii) Swelling .5 cm. x .5 cm. on the right shoulder outer side. (iv) Contusion behind the right upper arm 4 cm. x 1 cm., 12 cm. above the wrist. In the opinion of Dr. Mohan, injury No. 1 was attributable to a pointed object ; the other injuries to a blunt object ; all of them were simple ; and they were one day old. On the person of Munna, Dr. Mohan found the following injuries : (i) Incised wound on the right hand 7 cm. x 3.5 cm. x bone deep, 10 cm. above middle finger bone cut and separate. (ii) Incised wound 2 cm. x 10.5 cm. on the front side of the left wrist. In the opinion of Dr. Mohan, the said injuries were attributable to a sharp object and could have been caused by pharsa on 17.6.1976 at 12.00 noon. Once again going backwards, the autopsy on the corpse of Raghunath was conducted on 19.6.1976, at 4.00 p.m., by Dr. Narendra Kumar Pandey P.W. 9, who found on it the following ante-mortem injuries : (i) Incised wound 2-1/2 cm. x 1-1/2 cm. x 14-1/2 cm. below 2" outer to the umbilicus on the left side of abdomen, cavity deep. (ii) Incised wound 2 cm. x 1 cm. x 3-1/2 cm. below medial to the injury No. 1, directed backward and medially cavity deep. (iii) Contusion 8 cm. x 2 cm. on the top of the left side of head 9 cm. above the left ear. On internal examination Dr. Pandey found the peritoneum and large intestines cut, under injuries Nos. 1 and 2. In the opinion of Dr. Pandey, the deceased died on account of shock and haemorrhage as a result of injury to abdomen and intestines.;