- (1.) Challenge in this appeal is to the judgment and order dated 12.08.1999 passed by 10th Additional Sessions Judge, Bareilly in S.T. No. 571/1998, under section 302/34 IPC (Crime No. 118 of 1997), P.S. Subhash Nagar, District Bareilly whereby each appellant had been convicted u/s 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/- with default stipulation.
(2.) Facts germane to the appeal are that on 08.03.1997 at about 7.00 P.M. complainant Nand Ram s/o Parmeshwari, resident of village Narain Pur, P.S. Subhash Nagar, District Bareilly submitted a written report in P.S. Subhash Nagar, wherein he stated that in the year 1995 election of village Pradhan took place between his father Parmeshwari and Rameshwar in which the later was defeated. On 08.03.1997 Parmeshwari along with co-villagers Sita Ram, Shyam Charan, Ram Chandra and complainant was returning from Kargaina after getting his clothes stitched and when they reached on the culvert near the village at about 5.30 P.M., accused Rameshwar armed with pharsa and Babu Ram, Ramvir and Radhey Shyam taking country made pistol in their hands intercepted him and said that they would teach him lesson of being Pradhan of the village. The report further stated that sharing common intention accused Rameshwar assaulted Parmeshwari with farsa saying that he should not be spared and the other accused fired shots from country made pistols causing injuries to him. He instantaneously died at the spot. The complainant further stated that the incident was witnessed by him and aforesaid witnesses. On the basis of this report case crime no. 118/97, under section 302 IPC was registered at P.S. Subhash Nagar, investigation whereof was entrusted to SI D. P. S. Tomar. The sub-inspector reached at the spot and conducted inquest proceedings from 8.00 P.M. onwards and sent the dead body in sealed cover along with usual papers for autopsy.
(3.) Dr. M. L. Sharma conducted post mortem examination of the deceased on 09.03.1997 at 2.00 P.M. He found that the 45-years old deceased was having average built body with muscularity. Rigor mortis was passing off from upper extremities but was present in lower extremities. Abdomen was slightly distended. He found the following ante mortem injuries on his person: 1. A fire arm wound of entry 5 cm x 4 cm x chest cavity deep on front (R) side root of neck in supra-clavicular region 13 cm above (R) nipple at 1 O' clock position, clavicle is fractured scorching, tattooing is present, margins irregular and inverted. Apical lobe of lung with major vessels of Neck are lacerated. 2. A fire arm wound of exit at (R) posterior axillary fold at its top communicating to injury no. 1. It is 1.5 cm x 1 cm x communicating to injury no.1 deep in size margins are everted. 3. Incised wound at middle of forehead upper part 2.5 cm x 1 cm x bone deep bone cut margins are clean cut frontal bone cut. 4. Incised wound 2 cm x 1 cm x bone deep on middle of nose. Nasal bone cut transversely. 5. Abrasion 1 cm x 0.5 cm on (L) side forehead just above eyebrow. 6. Incised wound 1 cm x 0.5 cm x muscle deep on (R) side abdomen just outer to umbilicus. 7. Incised wound 2 cm x 0.5 cm x muscle deep on (L) side back of head 11 cm behind (L) ear. 8. Abrasion at back of shoulder (R) 2 cm x 0.5 cm at its top. 9. Incised would 1 cm x 0.5 cm x muscle deep on the side of (R) wrist joint. In internal examination the doctor found that right clavicle, right pleura, right lung, right side neck blood vessels were lacerated. Both chambers of the heart were empty. 150 grams semi-digested food was found in the stomach. The intestines contained faecal matter and gases. In the opinion of the doctor the deceased suffered death due to comma, shock and haemorrhage on account of ante mortem injuries. After inquest the investigation was taken over by S.O. Shri Prakash Arvind who interrogated the witnesses on 09.03.1997, and after inspecting the spot prepared site plan. The investigation culminated in charge sheet against the accused persons.;