- (1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 7-5-1987, passed by the then learned I Addl. Sessions Judge, Etah in Session Trial No. 285 of 1983, convicting appellants Ram Prasad (died), Mihi Lal (died), Havaldar (died), under Sections 147, 307 read with Sections 149 IPC 302 read with Section 149 IPC and sentencing each of them to undergo RI for a period of one year under Section 147 IPC for a period of four years under Section 307 read with Section 149 IPC and imprisonment for life under Section 302 read with Section 149 IPC and convicting appellants Shiv Dan, Suraj Bhan @ Suraj Pal, Dev Singh and Ram Avtar under Sections 148, 307 read with Sections 149 IPC and 302 read with Section 149 IPC and sentencing each of them to undergo RI for a period of two years under Section 148 IPC, RI for a period of four years under Section 307 read Section 149 IPC and imprisonment for life under Section 302 read with Section 149 IPC. All the sentences were ordered run concurrently.
(2.) THE prosecution story briefly stated was as under: Suraj Singh deceased, father of Natthu Singh P. W. 1, Kallu, P. W. 3, Bhanwar Singh, P. W. 4 and all the appellants were residents of village Kishanpur, P. S. Kotwali, District Etah. THEre was enmity between the parities and there were two groups in the village. Appellants were Jatavas while prosecution side were Thakurs. A criminal case under Section 307 IPC had taken place in which Ram Prasad and one Chiranji Lal were accused and Suraj Singh deceased had given evidence against them. Though the parties compromised in the said case, but Ram Prasad was having enmity with Suraj Singh. It is alleged that the police had recovered some illicit liquor from the possession of Ram Prasad and Ram Avtar. THEy were suspecting that Natthu Singh P. W. 1 had given information to the police regarding it. On the after noon of 21-3-1981 at about 2. 30 p. m. Natthu Singh PW 1 was going to Mata Ka Than (place of goddess) at a distance of about 20 paces from his house to take his cattle as his cattle were tethered there. When Natthu Singh P. W. 1 reached near Mata Ka Than, Ram Prasad having lathi and Ram Avtar having spear met him. Observing Natthu Singh, P. W. 1 they started abusing him saying that he had got his liquor seized and they would teach him a lesson for it. Saying it they attacked on Natthu Singh P. W. 1. Raising alarm he also chased them with his lathi. On his alarm his father Suraj Singh, deceased, Kallu Singh P. W. 3, Mitthu Singh, Tej Singh and Resham Pal came to his rescue. Seeing them appellants Mihi Lal, Havaldar, Shiv Dan, Suraj Bhan and Dev Singh as well as Chiranji, Gajraj, Chandrapal, Atar Singh, Suraj Pal son Revati, Taleshwar, Anar Singh, Net Ram, Babu Ram (acquitted by trial Court) and Bighe (died during trial) also came there. Ram Avtar and Dev Singh were having spears. Bighe, Suraj Bhan, Saudan and Suraj Pal son of Ram Prasad were having country made pistols. Suraj Pal son of Revati and Babu Ram were having country made bombs and other persons were having lathis. All the above appellants and accused attacked on Natthu Singh, P. W. 1. They fired from country made pistol and inflicted spear and lathi blows on him. Natthu Singh PW 1 and other persons who had come to his rescue were plying their lathis in their self defence. Lalji, Ranvir, Mangal Singh and Latoori also came to the spot and on their challenge the appellants and other accused ran away. Suraj Singh, deceased sustained spear injury, Bhanwar Singh, Mitthu Singh, Tej Singh and Resham Pal sustained fire arm injuries and Kallu Singh sustained lathi injury. Natthu Singh, P. W. 1 got prepared his report, Ext. Ka-1 from one Chob Singh and taking the injured persons in a bullock cart he came to the police station, Kotwali, Etah, where he lodged report at 6. 45 p. m. Chik FIR, Ext. Ka-10 was prepared by Constable Clerk Ramdin, who made an endorsement of the same on the G. D. report, Ext. Ka-11 and registered a case against the appellants and other accused (total 17 persons) under Sections 147, 148, 149 and 307 IPC. The injured persons Suraj Singh deceased, Kallu Singh P. W. 3, Bhanwar Singh, P. W. 4, Mitthu Singh, Tej Singh and Resham Pal were sent to District Hospital, Etah for medical examination, where they were medically examined by Dr. R. S. Gupta, P. W. 6.
(3.) SURAJ Singh deceased was referred to S. N. Hospital, Agra, where he died at 3. 30 a. m. on 23-3-81. The autopsy on the dead body of Suraj Singh, deceased was conducted on 23-3-81 by Dr. R. B. Singh, P. W. 2, who found lacerated wound on the right side face, abrasion on middle of right pinna, stitched wounds on abdomen and left ankle joint as ante-mortem injuries and cause of death due to shock and haemorrhage as a result of ante-mortem injuries.;