- (1.) BY the Court. -Heard learned counsel for the appellants and learned A.G.A.
(2.) THE present criminal appeal was filed by two appellants Yad Ram and Hoti against their conviction made by 1st Additional Sessions Judge, Mathura dated 18 -9 -1981 passed in S.T. No. 141 of 1980 convicting the appellants under Section 302/34, 326/34 and 324/34 I.P.C. They were sentenced to undergo imprisonment for life under the first count, three years' R.I. under the second count and one year R.I. under the last count. The sentences are to run concurrently. The brief facts of the case, as available from the F.I.R., are that on 25 -10 -1979, a quarrel between Jaidev son of Ram Swaroop on the one hand and Satto son of Radhey Shyam on the other hand had occurred in the course of playing. This incident occurred at about 5.30 p.m. Moti Ram, uncle of Jaidev, came to his rescue. On coming to know of this quarrel, Yad Ram alongwith licensed gun of his father and his brother alongwith a country -made pistol came to the spot. Some heated exchange of words took place between them and Jai Ram and Moti Ram etc. These appellants thereafter went up to the roof of Tej Ram and hurled brickbats from there. They later on opened fire upon Jai Ram to kill him. Seven -eight fires in all were allegedly made by them. One of the shot discharged from the gun of Yad Ram caused injuries to Sita Ram, grandson of Daya Nand on his cheek. The other two, who suffered injuries, were Satya Bhan and Praveen Kumar, who were standing in close proximity of Sita Ram. Sita Ram died as a consequence. It is stated that these 3 boys were on the roof of Raman Lal. The incident was witnessed by Jai Ram, son of Kishori Shyam, Rameshwar son of Churaman, Raman Lal son of Mansaram, Devi Ram son of Parmanand and the informant. The informant dictated his report to Rameshwar, P.W. 3 and proceeded for the police station soon thereafter. A case was registered at the concerned police station on 25 -10 -1979 at 8.10 p.m. The distance of the police station from the place of occurrence was 9 Kms. It has wrongly been shown in the memo, appended to the first information report, as 25 Kms. Head Moharrir, Rameshwar Singh, prepared the check report, Ex. Ka. -8, on the basis of written report handed over to him. This written report is Ex. Ka. -1. The case was registered in the General Diary vide report No. 35. The copy of the said report is EX. Ka. -9. The two injured Praveen Kumar and Satya Bhan were sent to Primary Health Centre, Chhata for their medical examination and treatment. They were subjected to x -ray examination on 27 -10 -1979. No foreign body was seen in the injuries of Satya Bhan. No x -ray examination of the other injured Praveen is available on the record.
(3.) SATYA Bhan was medically examined by Dr. R.C. Gupta, P.W. 3, on the same night at 9.00 p.m. There were two firearm injuries on the left thigh upon his person. None of the injuries had any blackening or tattooing. They were kept under observation. Praveen was medically examined by the said doctor at about 9.45 p.m. on the same night. Single penetrating wound on the posterior surface of thigh was found on his person. No blackening or tattooing was noticed. His injury was also kept under observation.;