- (1.) D. K. Trivedi, J. The present Criminal Appeal is directed against the judgment and order dated 28-8-1979 passed by the 1st Additional District and Sessions Judge, Unnao, convicting the appellants under Section 148 I. P. C. and sentencing each of them to undergo two years' regorous imprisonment. He further convicted accused Vijai Shanker alias Vijai Under Section 302 I. P. C. and sentenced him to Life Imprisonment. The Additional Ses sions Judge further convicted the remaining appellants under Section 302/149 I. P. C. and sentenced him to Life Imprisonment.
(2.) THE brief facts of the prosecution case are that seven of the accused persons including the four appellants committed the murder of Balram on 16-5-1974 at about 6. 30 a. m. in village Satan near the house of one Kishan. Accused Chhunna, Tirathraj and Raj Bahadur died during the trial and hence only four of the appellants were prosecuted in this case. Appellant Vijai Shanker alias Vijai filed this appeal but thereafter he is also reported to be dead and, therefore, the appeal against Vijai Sanker alias Vijai is dismissed as abated. According to the prosecution case, about two months before the present occur rence Vijai fired a fire shot at Rupan and the complainant was a witness in the said incident. It is said that due to this enmity the accused persons bore ill-will and, therefore, on the date of incident, when the complainant was going to attend the call of nature and as soon as he reached near the house of Kishan, all the accused persons armed with tire arms came out from the house of Vijai appellant and challenged the deceased. It is further said that the deceased then tried to run away but he was chased by all the accused persons and they also fired their guns on the deceased. It is further said that as soon as he reached near the house of Kishan, he received gunshot injury fired from the gun of Vijai and as a result of which he fell down in an injured condition. It is further alleged that he raised an alarm and on hearing the alarm several persons reached there and on their challenge the accused persons ran away. According to the prosecution case, Balaram was brought to Police Station Bighapur where Balram himself lodged a report at Police Station Bighapur at 9. 10 a. m. The distance of Police Station Bighapur from the place of incident is said to be six miles. It is further alleged that the said report was dictated by Balram to Clerk Constable Bhagwan Singh (P. W. 7) who prepared the chik report (Ext. Ka-14) and registered a case in the General Diary (Ext. Ka-15 ). It appears that Balram was sent to P. H. C. Bighapur for medical examination and there he was medically ex amined by (P. W. 6) Dr. I. P. Singh when he was alive on the same day at 2. 00 p. m. The distance of P. H. C. Bighapur from Police Station is two furlongs. It is further said that Doctor advised X-ray, therefore, Balram was sent to District Hospital, Unnao but he died near Bighapur road crossing. It is said that Constable Raj Kishore who brought the injured at the P. H. C. informed the Police of Police Station Bighapur about the death of Balram and on this information the case was converted and one S. I. Kedar Nath Pandey was directed to prepare the inquest report. S. I. Kedar Nath Pandey thereafter prepared an inquest report (Ex. Ka-6) and sent the dead body to mortuary for post-mortem ex amination. On the other hand, (P. W. 5) R. N. Singh, S. O. Police Station Bighapur in whose presence the First Information Report was lodged was entrusted with the investigation of this case and, therefore, he immediately after recording the statement of the complainant Balram, proceeded to the spot for investigation. He prepared site-plan and recorded the statements of the other witnesses. He also recovered blood stained as well as plain earth from the place of the incident. He also proved the inquest report prepared by S. I. Kedar Nath Pandey and also proved the statement of Balram recorded under Sectionl61 Cr PC as dying declaration (Ext. Ka-12 ). The investigation was thereafter taken over by P. W. 2 S. I. Manohar Singh who after completing the investigation submitted charge-sheet against all the seven accused persons.
(3.) THE autopsy on the dead body of Balram was conducted by (P. W. 4) Dr H. M. Saxena, Medical Officer District Hospital, Rae Bareli on 16-5-1974 at 4. 30 P. M. THE Doctor found the following injuries on the dead body of Balram deceased : (1) Gun shot would 1/4", diameter on the medical aspect of left elbow joint, communicating injury No. 2 under the skin and muscle. Charring and blackening present also on the wound. (2) Gun shot wound of 1/2" diameter 1" anterior to injury No. 1 and communicating with injury No. 1 Margins were everted, it was wound of exit of gun shot. (3) Seven gun shot wounds 1/3" to 1/4" in diameter in an area of 2-1/2" X 1-1/2" on left side of lower back. THEy were all abdominal cavity deep blackening was present all-round the wounds. THE marging were everted and they were the wounds of entrance of gun-shot. (4) Six gun shot wounds each of 1/2" diameter in an area of 2" x 1-1/2" on the lateral aspect of left side of abdomen. THEy were abdominal cavity deep. THE area was 5" from the umbilicus at 5 O'clock position. THE marigins of wounds were everted and they were the wounds of exit of gun shot. All the wounds were bandaged. Peritoneum was lacerated under injuries. Abdominal cavity contained 2 Ibs. blood clots and one large shot. Stomach contained 5 Oz. of partly digested food matter. Small intestines contained small quantity of faecal matter, large intestines were lacerated at two places in an area of 2" x 2" on the left side and small quantity of faecal matter was present. Left kidney was extensively lacerated. According to the Doctor death was caused due to shock and haemorrhage as a result of injuries. Doctor also proved post-mortem report (Ext. Ka-2 ).;