- (1.) M. C. Jain, J. There are five appellants, namely, Brij Mohan alias Minto, Shyam, Ram Babu alias Dak, Bachhu ad Bheem, Shyam and Ram Babu alias Dak are the sons of first appellant Brij Mohan alias Minto. All the five have preferred this appeal against judgment order dated 10-4-1997 passed by Sri Niyaz Ahmad the then IV Addl. Sessions Judge, Mathura in ST No. 113 of 1995 and 279 of 1995 which were tried and decided together. Brij Mohan alias Minto, Shyam and Ram Babu alias Dak faced trial in ST No. 113 of 1995 whereas Bachhu and Bheem were accused in connected ST No. 279 of 1995. All of them have been convicted under Section 302 IPC read with Section 149 IPC and sentenced to life imprisonment, under Section 323 IPC read with Section 149 IPC with six months rigorous imprisonment, under Section 147 IPC with six months rigorous imprisonment. and under Section 148, I. P. C. with one year's rigorous imprisonment. All the sentences have been ordered to run concurrently.
(2.) ONE Shanker Singh son of Sukh Ram died in the incident whereas Brij Nandan PW 1 sustained injuries at the hands of the appellants which took place on 31-10-1994 at about 6 p. m. in front of the house of Babu Mallah in Mohalla Ratan Khatri, Police Station Brindawan, District Mathura. The distance of police station from the place of occurrence was two kilometers and the report was lodged the same day at 7. 50 p. m. by Brij Nandan PW 1 Shyam and Bheem were allegedly armed with Pharsa and spear respectively whereas remaining appellants wielded lathis. The facts, shortly stated, are that the appellants being of bad character had often been arrested by the police. They suspected that Shanker Singh, Advocate (deceased) was instrumental in getting them arrested and working as informer of the police. They were, therefore, inimical against him. On the fateful day at about 6. 00 p. m. when Shanker Singh reached in front of the house of Babu Mallah in Mohalla Ratan Khatri for going to his elder brother Mahabir's house, the five accused appellants appeared there and surrounded him. Brij Mohan alias Minto shouted aloud that he was informer of the police and he be done to death. All the five accused appellants with their weapons pounced upon Shanker Singh. When Brij Nandan rushed up to save him, he was also assaulted. The incident was witnessed by Mahabir, Govind Ram and others. The accused appeal laws made their escape good from the spot. Shanker Singh in injured condition was taken to hospital, where he was declared to be dead. The case was registered on the report on the report of Brij Nandan and the investigation followed. The post-mortem over the dead body of the deceased Shanker Singh was conducted on 1-11-1994 at 2. 00 p. m. by Dr. Subhas Chandra PW 6. He was aged about 25 years and about one day had passed since he died. The following ante-mortem injuries were found on his person: (1) Incised wound 3 cm x 1 cm x bone deep over right side of head, 5 cm above right eye brow. Margins clean cut. Underlying bone is fractured, Direction transverse oblique. (2) Lacerated wound 2. 5 cm x 0. 5 cm x scalp deep over top of head 13 cm above bridge of nose. (3) Lacerated wound 10. 5 cm x 0. 3 cm x scalp over top of head. 3 cm behind injury No. 2. (4) Contusion 4 cm x 4 cm over right mastoid region. (5) Abrasion 2 cm x 2 cm right side chest 10 cm above nipple. (6) Multiple abraded contusions 20 cm x 5 cm back right forearm upto wrist size 1 cm x 1 cm to 5 cm x 3 cm. (7) Contusion 6 cm x 5 cm right hip outer and upper part. (8) Abraded contusion 5 cm x 4 cm right buttock. (9) Contusion 7 cm x 2 cm back right thigh middle. (10) Contusion 4 cm x 2 cm back right knee. (11) Multiple abrasions area 10 cm x 7 cm front and outer aspect right knee and upper part right leg. Size 1 cm x 1 cm to 3 cm x 2 cm. (12) Abrasion 5 cm 4 cm outer aspect left thigh upper part. (13) Multiple abrasions area 20 cm x 6 cm over front of left knee and leg size 2 cm x 1 cm to 6 cm x 2 cm. On internal examination, right frontal and parietal bones were found fractured. Membranes and brain were also lacerated. The cause of death was coma as a result of ante-mortem head injury. The injuries of Brij Nandan PW1 were also examined on 31-10-1994 at 11. 30 p. m. by Dr. S. K. Gupta, PW 4. The following injuries were found on his person: (1) Red contusion size 10 cm x 3 cm on right side of the neck. 2 cm above from middle of right clavicle. (2) Red contusion size 8 cm x 3. 5 cm on left side of the back, 30 cm below from upper part of left shoulder. (3) C/o Pain all over chest O/e tenderness is present but no external visible injury is seen. (4) Red contusion size 7 cm 2 cm on outer surface of left thigh, 14 cm above from left knee. (5) Red contusion size 4 cm x 2 cm on outer surface of left leg. 5 cm above from lateral malleolus. (Left ). All injuries were simple in nature and caused by hard and blunt object. The duration was fresh.
(3.) THE prosecution in all, examined seven witnesses out of whom Brij Nandan, injured PW 1, Mahabir PW 2 and Govind Ram PW 3 were eye-witnesses. The defence was of denial and of false implication due to enmity. The accused appellant Brij Mohan alias Minto who is the father of the appellants Shyam and Ram Babu alias stated under Section 313 Cr. P. C. that eye-witnesses had earlier murdered his uncle-in-law. In that case, the deceased and witness Mahabir had been convicted and sentenced. He used to live in his Sasural and the witnesses wanted to grab his land. It was the reason for the false case planted against him and his sons. The accused- appellants also examined three witnesses in defence whose evidence was of negative character which is of no help at all to decide the case.;