- (1.) These four appeals arise out of the judgment and order dated 17.7.2009 passed by Additional Sessions Judge, Fast Track Court No. 1, Budaun in ST Nos. 530/2000 and 740 of 2000 by which appellants Desh Raj, Raj Pal Pappu and Prakash have been convicted for the offences under Sections 302/34 IPC and 323/34 IPC and sentenced to undergo life imprisonment with fine of Rs. 10,000/-. In case of default in payment of fine to undergo further one year and six months rigorous imprisonment respectively. Appellants Pappu and Raj Pal have also been convicted for the offence under Section 25 Arms Act and have been sentenced to undergo two years' rigorous imprisonment with fine of Rs. 2,000/- each. In case of default in payment of fine to undergo further three months rigorous imprisonment. All the sentences were directed to run concurrently. Criminal Appeal No. 4274 of 2009 Desh Raj v. State of U.P., has been filed by appellant Desh Raj. Criminal Appeal No. 4273 of 2009 Prakash v. State of U.P., has been filed by appellant Prakash. Criminal Appeal No. 5336 of 2009 has been filed by appellant Pappu and Criminal Appeal No. 5738 of 2009 Raj Pal v. State U.P, has been filed by appellant Raj Pal. The aforesaid proceedings arise out of Case Crime No. 586/99 (ST No. 530 of 2000), under Sections 302/34, 323/34 IPC, PS Bilsi, District Badaun and Case Crime Nos. 587 of 1999 and 588 of 1999 (S.T. No. 740 of 2000) under Section 25 Arms Act registered against Pappu and Raj Pal only. Prosecution story as reflected from the record is as follows: On 22.12.1999 at 4 p.m. the first informant Ant Ram alongwith his son Karru @ Rajeshwar victim(deceased) and nephew Tejpal and Ajai Pal were returning from their field. The accused Raj Pal and Pappu armed with country made pistols of 315 bore, accused Desh Raj armed with gandasa and accused Prakash empty handed met them near the field of Meera Devi, wife of Shiv Pal of village Barni. Accused Prakash said to Karru that he was acting smart. Thereafter on the asking of Rajpal, Prakash caught hold of Rajeshwar. Immediately thereafter Raj Pal fired upon Karru @ Rajeshwar by the fire-arm in his hand. Thereafter Pappu also fired upon Rajeshwar @ Karru from the firearm in his hand. The informant, his nephew Tej Pal and Ajai Pal started shouting but nobody responded because of fear. Deceased Rajeshwar expired on the spot. Accused Desh Raj caused injury to Ajai Pal by inflicting a blow from the blunt side of the Gandasa, which hit him on the left temple. It was stated that the incident had been seen by informant, Tej Pal and Ajai Pal. Because of fear all of them ran towards the village. They were followed by the accused. It was stated that the body of the deceased Rajeshwar was lying at the site. A First Information Report to that effect was lodged at 7 p.m. on the same day with Police Station Bilsi which is at a distance of 6 Kms from the place of incident and was registered as Case Crime No. 586 of 1999, under Section 302/323 IPC. S.I. P.L. Gupta alongwith other police personnel arrested the accused of Case Crime No. 586/98 from the Baithak of accused Raj Pal on receiving information about their presence. At the time of raid, three persons were found sitting on a cot. On being asked, they disclosed their names as Raj Pal, Pappu and Desh Raj. On further being asked about the death of Rajeshwar, all the three accused accepted their guilt and it was stated that they had killed Karru @ Rajeshwar alongwith one Prakash with the help of tamancha and Gandasa near the field of Meera Devi. The weapons used were recovered at the pointing out of Raj Pal and Pappu which were handed over by the aforesaid two accused themselves. Similarly Gandasa was recovered on the pointing out of Desh Raj from the room inside. Accordingly offence under Section 25 of the Arms Act was registered against accused Raj Pal and Pappu.
(2.) The inquest of the dead body was conducted on 22.12.1999 by SI P.L. Gupta and the dead body was sent for postmortem. Post-mortem of the dead body was conducted by Dr. V.P. Bhardwaj on 23.12.1999. In the post-mortem report submitted by the Doctor concerned, the following ante-mortem injuries were found on the body of the deceased:
(3.) Initially the investigation of the offence was done by SI P.L. Gupta However, the investigation was thereafter transferred to SI M.P. Gangwar who filed the charge-sheet after completing the investigation. The trial Court framed the charges against the accused, who denied the charges and claimed trial. On behalf of the prosecution Ant Ram, eye-witness and the informant was examined as PW1. He is the father of the deceased Karru @ Rajeshwar. Ajai Pal the other eye-witness was examined as PW2. He turned hostile. Dr. M.P. Gangwar who had treated the injured Ajai Pal was examined as PW3. He also proved the injury report. Sri Satveer Singh, Constable who had recorded the FIR was examined as PW4. He also proved the chik FIR. SI S.S. Pundir who was the IInd I.O. has been examined as PW5. Dr. V.P. Bhardwaj who conducted the post-mortem of the deceased was examined as PW6 and he also proved the ante-mortem injuries as were found on the body of the deceased. SI P.L. Gupta who was the Ist Investigating Officer and had also made recoveries of the weapons used in the incident was examined as PW7. The statement of accused were recorded under Section 313 Cr.P.C. They denied the charges and stated that they have been falsely implicated. On behalf of the accused one Komil Prasad the Lekhpal of the village at a particular point of time was produced as DW1.;