- (1.) K. N. Ojha, J. Jagpal Dhaka and Rajbir have preferred this appeal against judgment and order dated 21-4-80 passed by learned Sessions Judge, Ghaziabad in Session Trial No. 181 of 1978, State v. Jagpal Dhaka and two others, by which Jagpal has been convicted under Sections 394, 397, 302 I. P. C. and has been sentenced to undergo rigorous imprisonment of 5 years, 7 years and life imprisonment respectively. Rajbir has been convicted under Sections 394, 397, 302 read with 34 I. P. C. and Section 324 I. P. C. and has been sentenced to undergo rigorous imprisonment of 5 years, 7 years, life imprisonment and 2 years respectively. The sentences are to run concurrently.
(2.) JAGPAL Dhaka, Rajbir, Ravindra and Ranvir were facing trial before the Sessions Judge. Ranvir died when the trial was pending before Sessions Judge and Ravindra died during pendency of the connected appeal No. 1080/80. Therefore, case stood abated against Ranvir and Ravindra. In this case Prem Prakash P. W. 5 lodged F. I. R. against Jagpal Dhaka, Rajbir, Ravindra and Ranvir on 23- 5-78 at 11. 20 p. m. at police station Modinagar, district Ghaziabad for committing murder of Rajendra, son of informant and causing injuries to Satya Prakash and Brijesh Kumar on 23-5-78 at 10. 15 p. m. infront of Degree College Modinagar which is at the distance of 1 1/2 Km. from the police station. According to prosecution, Prem Prakash resident of Modinagar lodged F. I. R. against appellants and two others containing the fact that it was in the night of 23-5-78 at 10. 15 p. m. when Rajendra Kumar son of informant Prem Prakash was counting money of sale of his factory. Jagpal Dhaka, Rajbir, Ravindra and Ranvir all of a sudden came there, there were knives in the hands of Jagpal Dhaka and Rajbir and Ravindra had pistol. Jagpal Dhaka dragged down Rajendra from Gaddi and Rajbir took the cash. Rajendra resisted and raised alarm, on which Satya Prakash, Brijesh Kumar and Nand Kishore reached there. Jagpal Dhaka caused injuries with knife to Rajendra Kumar who died on the spot. Ranvir caused injury with knife to Satya Prakash, Rajbir caused injury with knife to Brijesh. Nand Kishore tried to apprehend these persons and thrashed lathi on the accused persons. The accused persons escaped successfully. Prem Prakash, father of the deceased lodged F. I. R. at police station and thereafter Brijesh Kumar son of Satya Prakash was medically examined on 23- 5-78 at 11. 45 p. m. and following injuries were found: (1) Incised wound on left thigh upper part on anterior lateral aspect vertically placed with clear-cut margins measuring 1/2 " x 3/4 " muscle deep. Muscle protruding from wound, fresh bleeding was present. (2) Stab wound 2 1/2" above injury No. 1 measuring 1" x 3/4", depth not probed, fresh bleeding was present. (3) Stab wound over left back 1" lateral to midline vertically placed at level of vertibra measuring 1/2" x 1/2", depth not probed, fresh bleeding was present. (4) Stab wound right wrist joint lateral side posterior part measuring 2" x 3/4" depth. Fresh bleeding was present.
(3.) INJURIES of Brijesh Kumar were fresh and in the opinion of the doctor injuries were caused by sharp edged and penetrating object. Satya Prakash was also medically examined in Medical College Meerut on 24-5-78 at 12. 15 a. m. and following injuries were found on his body. (1) Incised wound 6 cm x 1. 5 cm x scalp deep on left side head 8 cm above the left ear. (2) Incised wound 8 cm x 2. 5 cm x muscle deep on right side chest near the nipple. (3) Incised wound 9 cm x 3 cm muscle deep on inner aspect of right upper arm 6 cm. below ankle. (4) Incised wound 9 cm x 3 cm muscle deep on the back of right upper arm middle. (5 ). Incised wound 5 cm x 2. 5 cm x muscle deep on the back of right forearm lower third. (6) Traumatic swelling 4 cm x 4 cm on inner aspect of right forearm middle third. (7) Incised wound 3 cm x 5 cm x muscle deep on the palmer aspect of right hand near thumb. (8) Incised wound 3 cm x 1 cm x skin deep on the back of left little finger near its root. (9) Abrasion 2 cm x 1 cm on the front of left knee.;