S.K.Agarwal, Imtiyaz Murtaza, JJ. - (1.) This appeal was preferred by lour appellants, viz. Naresh, Jagpal, Shyam Singh and Bharat, against their conviction under Sections 302/34 I.P.C., 307/34 I.P.C. and 379/34 I.P.C. Consequently, they were sentenced under the first count to life imprisonment, under the second count to R.I. for five years and under the third count to R.I. for two years. All the sentences were to run concurrently.
(2.) The brief resume of the facts of this case, as disclosed by the F.I.R., is as under: On 16.10.1979 in the morning when Naresh was digging the Chak road to cause a passage from the field of the informant, he was desisted by Balak Ram in doing so. Naresh not only abused Balak Ram but also assaulted him. He threatened him too. Accordingly, Balak Ram lodged a report of the incident at about 9.30 A.M. at P.S. Kampil. He was accompanied to the police station by the informant Subedar Singh and their uncle Shree Ram. The injured Balak Ram and Shree Ram possessed rifle and gun respectively. They went to make purchases at Kampil market after their report was registered. After making purchases they were returning to their house from there. It is also alleged that Naresh and his family members used to frequently demolish the mend of his Chak. Whenever they prevented them from doing so this accused quarreled with them. Reports of such incident were also lodged at the police station by the informant side. On the same day at about 5.00 p.m. when they were on Kampil-Aliganj Road in the process of their return to their village Karanpur, as soon as they reached near the field of Gajraj and Ganga Ram, they found all the four appellants emerging out from the bushes armed with gun and country made pistols. They hurled abuses on them and also opened fire. The shots fired by them caused injuries to Shree Ram and Balak Ram. The informant escaped unhurt. The two injured fell to the ground on receipt of injuries. Their alarm attracted Badan Singh, Mewa Ram and Bachcha Lal from their village and many other residents from the vicinity also arrived at the scene of occurrence. On the challenge, thrown by the witnesses assembled there, the accused took to their heels. In the meantime they had also taken away with them the licenced single barrel gun and cartridge's belt belonging to Shree Ram and rifle of .275 bore and its cartridge's belt from Balak Ram. None of them was chased on account of fear.
(3.) Injured Shree Pal breathed his last on the spot. Leaving father of Balak Ram, his other family members and villagers on the spot of occurrence, the informant Subedar Singh went to the police station to lodge the report. This report is Ext. Ka-1. The morning incident's report is also brought on record as Ext. Ka-6. Injured Balak Ram was despatched for his medical examination to PHC Kayamganj. It is about 20 Kms. from the police station Kampil. P.W. 3 Dr. R.C. Gupta medically examined him at 10.30 P.M. The I.O. came to the spot along with informant at about 10.15 P.M. on the same night. On his arrival he found the dead body of Shree Ram on Kampil-Aliganj Road. Neither the inquest could be prepared due to inadequate light nor inspection of the spot could be made for the same reason. After arranging for the security of the place of occurrence the Investigating Officer engaged himself in the search of accused persons, but he met with no success in this endeavour. Ultimately, on 17.10.1979 at 6.30 A.M. the inquest proceedings were started. Body was sealed and handed over to Constables Sughar Singh and Rama Nand for taking it to the mortuary for post-mortem at Fatehgarh. Me, thereafter, inspected the site and prepared its site map. It is Ext. Ka-14. He found blood at two spots which are shown in the said map. Blood stained earth and simple earth from these spots were also taken. The memos are Exts. Ka-15 and Ka-16. Thereafter he visited village Karanpur in connection with the morning incident. He completed the formalities of investigation about that incident also. He also took into custody the licences of the rifle of Balak Ram and the gun of Shree Ram from their family members. These licences were produced in the case as Exts. Ka-18 and Ka-19. He continued the search of the assailants, but met with no success. On 21.10.1079 he moved an application for drawing proceedings under Sections 82 and 83 Cr.P.C. The proceedings of attachment of immovable property were drawn on 25.10.1979. On this day itself two assailants surrendered in court. The other two accused surrendered on 29.10.1979. However, on 9.11.1979 he was transferred to another police station. He did not record the statements of any of the accused. He stated in his cross-examination that he did not reach the place of occurrence on a jeep. He admitted that Balak Ram's brother Surjan Singh is an Inspector in U.P. Police. Surjan Singh did not meet him on 17.10.1979, but met him later, but he did not remember the date on which he met him. None of the weapons taken away by these accused were recovered from any of the accused persons. Admittedly, as disclosed by P.W. 11, S.I. Charanpal Singh he recovered these weapons from the dacoits who were killed in an encounter with police on 15.11.1979. According to this I.O., Subedar Singh brought the injured with him when he came for lodging the report but the statement of P.W. 1 Subedar Singh was contrary to his statement. According to P.W. 1, he had left Balak Ram behind, at the spot of occurrence, and did not carry him to the police station.;