M. C. Jain, J. - (1.) -The State has preferred this appeal against the judgment dated 30.7.1981 recorded by Sri R. C. Awasthy, the then Ist Additional Sessions Judge, Saharanpur in S.T. No. 356 of 1979, acquitting the four respondents of the charges under Sections 147, 148, 452 and 307, I.P.C. read with Section 149, I.P.C.
(2.) OUT of the four accused-respondents, Hari Kishan Das respondent No. 1 died on 3.8.1983 and the appeal was ordered to abate under order dated 26.8.2003, so far as he was concerned. The Court is presently concerned only with remaining three accused-respondents, namely, Lal Chand alias Lal Das, Chandra Mohan and Gyan Chand alias Gyan Prasad. The incident took place on 11.8.1977 at about 4.00 p.m. in the Haveli of Mangani Ram, Daksha Road, Kankhal, Police Station Hardwar, District Saharanpur. Lakshman Das P.W. 2 was allegedly the injured of the felony having sustained firearm injuries of the shot attributed to have been fired by Hari Kishan Das (now dead). The F.I.R. was lodged by Bhartendu Handa P.W. 1 on 11.8.1977 at 5.00 p.m. In brief, the case was that a portion of the Haveli aforesaid with its garden which was under allotment with Pushpa Devi mother of the injured was given on the occasion of Kumbh of 1974 on licence to accused Hari Kishan Mahant. Rest of the haveli was partly occupied by Bhartendu Handa and partly by the tenants. Litigation was going on between Hari Kishan Das and the family of Lakshman Das when the incident occurred. On 9.8.1977, the accused allegedly surrounded Bhartendu Handa and threatened to kill him of which report was lodged by him. This was the previous ground. On the fateful day and time, Bhartendu Handa P.W. 1 was present with his parents on the first floor of the Haveli in the occupation of his family and Lakshman Das Handa injured P.W. 2 was in the room adjoining the hall. Hari Kishan Das and Lal Das armed with country made pistols and Chandra Mohan and Gyan Prakash armed with lathis and an unknown person carrying a gun trespassed into the room in which Lakshman Das was lying. Hari Kishan Das gave an exhorting call to kill Lakshman Das. Lakshman Das raised shouts which attracted Bhartendu Handa and others. Hari Kishan Das fired on Lakshman Das from his country-made pistol. The witness Narendra Kumar P.W. 3 and others also reached there. Lakshman Das received the shot in the neighbourhood of his right eye and he fell down on the ground raising shrieks. The accused-persons tried to escape, but Lal Chand was apprehended at the spot with country-made pistol, which he threw towards the garden. The injured was taken to the hospital and in the evening was shifted from G.D. Hospital to BHEL Hospital and later on to AIIMS Delhi.
(3.) THE report was lodged by Bhartendu Handa at the Police Station where apprehended accused Lal Chand was also handed over. The medical examination of Lakshman Das was conducted on 11.8.1977 at 4.10 p.m. by Dr. M. P. Garg P.W. 7. Multiple gun shot wounds of entry over right side of forehead and right eye-brow including lacerated wound on right cheek and above right eye-brow were found. The eyelids of right eye were blackened with congestion and swelling around. There were also multiple abrasions on the right side chest and right shoulder. All the injuries were fresh and caused by some firearm from less than four feet distance and three of them were kept under observation. Rest were simple, as noted in the injury report. Later on, it was found that right eye had perforated injury which could have been caused by a projectile of the country made pistol. The victim was later on examined and operated upon by Dr. L. M. Betharia P.W. 6. The investigation was conducted by S.I. P. S. Verma P.W. 5. Leaving aside the formal evidence, the prosecution relied upon the testimony of Bhartendu Handa P.W. 1, Lakshman Das injured P.W. 2 and Narendra Kumar P.W. 3 as eye-witnesses in support of its case.;