ANIL KUMAR SHARMA, j. - (1.) BOTH the aforesaid appeals emanate from the common judgment dated 1.8.2001, passed by Additional Sessions Judge, FTC Jaunpur in S.T. No. 203-A of 1984 and S.T. No. 39 of 1998, arising out of crime no. 57 of 1984, under sections 147, 148, 302, 307 and 109 I.P.C. P.S. Jalalpur, District Jaunpur, so they have been heard and are being decided together. Each appellant had been found guilty for the offence punishable under sections 148, 307/149 and 302/149 IPC and had been sentenced to undergo rigorous imprisonment for one year, three years and imprisonment for life respectively. Fine of Rs. 10,000/- each has also been imposed for the offence under section 302/149 IPC with default stipulation. All the sentences have been directed to run concurrently.
(2.) SUCCINCTLY , stated the facts giving rise to the present appeals are that Chirnjivi Rai son of Raja Ram Rai resident of village Lakhmipur, P.S. Jalalpur, District Jaunpur submitted a written report at 2.30 a.m. on 8.5.1984 in P.S. Jalalpur, wherein he stated that on account of election rivalry Hari Shankar Rai of his village was killed in the night of 24/25- -1984 and in the criminal case he along with his younger brother Mewa Prasad Rai and one Ram Sevak Kurmi were nominated as accused. The report stated that due to this enmity in the night of 7/8-5- 1984 at about 1.00 O'clock Uma Shankar Rai, Rama Shankar Rai, Madhav Shankar Rai, Satya Prakash Rai, Rakesh Prakash Rai, Gyan Prakash Rai @ Munna, Jai Prakash @ Lallan, Sri Prakash Rai @ Babban, Mahendra Prakash @ Lala, Chandra Bhan Singh, Jawahar Singh and Virendra Singh (present appellants) along with 4-5 other persons came at his house. The informant was sleeping at the door of his house, the ladies were also sleeping there. At the door a lantern was lighting and there was electric light at the pumping set of Sita Ram. Whispers of movement of these persons woke up the complainant and he saw that Jawahar Singh and Virendra Singh (present appellants) were armed with guns, while Daya Shankar Rai, Satya Prakash Rai, Mahendra Prakash Singh and Jai Prakash Rai were carrying country made pistols in their hands and the remaining accused were armed with lathis and ballams. Accused persons exhorted and challenged them to take revenge of the murder of Hari Shankar Rai and discharged shots from fire arms causing injuries to Mewa Prasad Rai, Manoj Kumar Rai, Smt. Ramkali @ Kagna, Manbhawati and informant's relatives Atma Rai and Achhaibar Singh. The complainant ran towards the jack-fruit tree and set ablaze the sarpat. When the accused failed to locate the informant then they said to see their sureties and went to the house of Sita Ram Rai and inflicted fire arm injuries to Smt. Dulari, Basmati, Manraji, Pyari, Dhan Devi, Sanjay Kumar @ Mammu, Thakur Prasad Rai, Shashi Kala and Ram Kumar. Thereafter the accused persons proceeded towards the house of Ram Sevak Kurmi but he could not be found as there was no one at his house. The accused then came to the house of Uma Shankar Rai and started hurling abuses to the complainant. It was noted by the complainant that the condition of the aforesaid injured was serious. The incident was witnessed by Udai Bhan Rai, Gulab Rai, Keshav Prasad Rai and Ram Sevak Kurmi in the light of torches and lantern, electric light and flames of sarpat. The report further stated that on account of fire arm injuries Atma Ram, Achhaibar, Ram Kali @ Kagna, Smt. Dulari, Smt. Basmati, Smt. Pyari, Manraji, Dhan Devi and Sanjay Kumar @ Mammu have succumbed to the injuries on the spot. After incident the accused persons made their escape good. 3. On the basis of this report case crime no. 57 of 1988 under sections 147, 148, 302/149, 504, 506 IPC was registered at the police station, the investigation whereof was taken up by SHO Yogendra Singh. He sent S.I. Lallu Ram Bhaskar and other police officials to the spot. In the morning of 3.5.1984 inquest reports of deceased Akshaybar Singh @ Reeshu, Dhan Devi and Manraji were prepared by S.I. Bhaskar. S.I. Sankatha Prasad was deputed to prepare inquest of other deceased. The injured were sent by the police for medical examination. Dr. Hari Shankar Singh PW-5 had medically examined Manoj Kumar, Smt. Manbhawati Devi and Smt. Mithlesh on 8.5.1984 at 3.20 a.m. 3.45 a.m. and 7.30 a.m. respectively and found the following injuries on their person: Manoj Kumar - 8.5.1984 at 3.20 A.M.: 1. Firearm wound of entrance 3 cm x 2 cm x bone deep on outer aspect of right arm 17 cm, below the top of right shoulder. Bleeding from wound present. 2. Firearm wound of 12 cm x 3 cm x muscle deep connecting to injury no. 1 on middle part of right arm 18 cm below the right shoulder. Bleeding present underlying bone fractor. Advised for x-ray. 3. Firearm wound of entrance multiple in number each side 0.5 cm x .5 cm x muscle deep on right side chest 5 cm below the right nipple in area of 5 cm x 4 cm bleeding present. In the opinion of doctor all the injuries were caused by firearm and referred for x-ray. The duration of injuries was fresh within of one fourth day old. Smt. Manbhawati ? 8.5.1984 at 3.45 A.M.: 1. Fire arm wound of entrance 4 cm x 2 cm x muscle deep on palmer surface of right hand. Extensively from root of right thumb to upward bleeding present. 2. Firearm wound of entrance 2 cm x 1 cm x muscle deep on palmer surface of right hand 4 cm away the injury no.1. 3. Firearm wound of entrance of 10 cm x 2 cm x muscle deep on abdomen 4 cm above the umbilicus horizontal in position. Bleeding from wound present. Margin irregular and torned. No smoky and charring present. In the opinion of the doctor, all injuries are caused by firearm. All injuries are advised for x-ray. Duratioin of injuries was fresh within one fourth day old. Smt. Mithlesh ? 8.5.1984 at 7.20 A.M.: 1. Abrasion 2 cm x 1 cm on lower part of right ear. 2. Firearm wound of entrance size 0.5 cm x 0.5 cm x muscle deep on distal part of right Ist toe. 3. Firearm wound of entrance 0.5 cm x 0.5 cm x deep on right Ist toe 2 cm away the injury no.1. 4. Firearm wound of entrance 0.5 cm x 0.5 cm x muscle deep on left sole 7 cm away the root of left great toe. 5. Firearm wound of entrance 0.5 cm x 0.5 cm x muscle deep on right great toe distal part. In the opinion of doctor, all injuries were simple and caused by firearm . Duration of injuries was within one/fourth day old.
(3.) DR . S.P. Ram, medically Thakur Prasad, Smt. Shashi Kala and Raj Kumar on 8.5.1984 from 7.00 a.m. onwards and found the following injuries on their person: Thakur Prasad Rai ? 8.5.1984, 7.00 A.M.: 1. Incised wound 2 cm x 0.5 cm x skin deep on the palmer aspect of the middle of the right foot. 2. Firearm injuries in area 10 cm x 5 cm on the lateral aspect of the root of neck. Kept U.O. Adv. X-ray of the part. Ref. To surgeon for expert opinion. No blackening and tattooing was prersent. 3. Contusion 13 cm x 6 cm on the upper part of the right scapular region. In the opinion of doctor, injury no. 1 was caused by sharp object which was simple, Injury no. 3 was caused by blunt object, Injury no. 2 was caused by firearm and kept under observation. Advised x-ray. The duration of all injuries was fresh. Smt. Shashi Kala ? 8.5.1984 at 7.30 A.M.: 1. Lacerated wound 13 cm x 10 cm x bone deep on the joint of right upper arm, leg including right elbow joint and kept under obervation. Advised x-ray of part. 2. Lacerated wound 10 cm x 3 cm x bone deep on the palmer aspect of the left hand. Little finger amputated from the base of the band, thumb of the left hand hanging frontier middle portion by skin flap. Advised x-ray of left hand. 3. Multiple lacerated wound in area of 5 cm x 5 cm on the right breat S.C. Advised for x-ray. 4. Firearm injuries 4 in number size .3 cm x .3 cm x skin deep on the lateral front of the right leg 2 cm below the right knee joint in area of 9 cm x 2 cm. No blackening, No tattooing present. Injuries no. 1, 2 and 3 were kept under observation. Injury no. 4 was caused by firearm and rest were simple and fresh in nature. Raj Kumar ? 8.5.1984 at 8.00 A.M.: 1. Multiple lacerated wound in area 7 cm x 7 cm on the left side head just above the left ear. Kept under observation. Advised x-ray of skull and firearm injuries. 2. Abrasion 0.5 cm x 0.5 cm on the left side neck 4 cm below the left ear caused by firearm. 3. Firearm injury in area 9 cm x 6 cm on the anterior aspect of the right leg for 7 cm below the right knee joint. Kept under observation. X-ray was advised of right leg. 4. Firearm injury 2 in number in area 3 cm x 1 cm on the medial aspect of the middle of the right foot 3 cm below the right medical malleolos. Kept under observation. X-ray was advised. 5. Abrasion 3 cm x 1 cm on the medial aspect of the right thigh 2 cm above the right knee joint. In the opinion of doctor all the injuries except no. 4 were caused by firearm and were kept under observation. The duration of the injuries was fresh. Injury no. 4 caused by friction simple.;