- (1.) M. C. Jain, J. This appeal has been preferred by six appellants, namely, Bhurey Singh, Sardar son of Nanhu Singh, Badri, Kishori alias Khacheru, Liladhar and Sardar son of Nanhu Jatav. The judgment assailed is one dated 30-9-1981 passed by Sri B. N. Sinha, the then V Additional Sessions Judge, Budaun in S. T. No. 133 of 1981. He has convicted all of them under Section 302 read with Section 149 I. P. C. sentencing each to life imprisonment. Badri and Kishori have further been convicted under Section 147 I. P. C. with 1-1/2 years rigorous imprisonment awarded to each of them. The remaining four have been convicted under Section 148 I. P. C. with two years rigorous imprisonment to each of them.
(2.) AMONGST the appellants, Bhurey Singh and Sardar son of Nanhu Singh are real brothers and Badri is son of Bhurey. The remaining three accused allegedly belong to the party of these three. The incident occurred on 23-9-1980 at about 11 a. m. in village Singhadalpur, P. S. Rajpura, District Budaun and the F. I. R. was lodged by an eye-witness Raja Ram P,w. 1 the same day at 1 p. m. The distance of Police Station from the place of occurrence was about 6 Kms. The deceased was one Ram Prasad alias Parsadi who was also the resident of the same village Singhdalpur. The prosecution case was that there was enmity and litigation between the deceased and appellant Bhurey Singh Pradhan for the last several years. Out of fear, the deceased left the village with his family 6-7 years back and went to District Nainital. In his absence, Bhurey Singh Pradhan got his house demolished and removed off its contents and belongings. When the deceased came to know of it, he instituted a civil suit for damages against Bhurey Singh and his partymen. Three months before this incident, the deceased had returned to his village alongwith his family members and had constructed a new house, starting living therein. He also purchased about 10 Bighas of land. It was not relished by Bhurey Singh. He instituted a false theft case against the deceased who got himself bailed out in that case. It was detested by Bhurey Singh. The date in civil suit was fixed two days ahead of the incident. On the day of occurrence, the deceased had gone to plough his fields alongwith bullocks and plough. His son Raja Ram PW 1 took his meals there at about 8. 30 a. m. and then joined him in agricultural operations. His collateral Ram Gulam alias Ram Gopal PW 2-a child of about 12 years also went to the same field for scrapping grass. At about 11 a. m. the deceased was returning back from his field with the plough and an aluminium container meant for taking water. His son Raja Ram PW 1 followed him with bullocks and his collateral Ram Gulam alias Ram Gopal PW 2 also followed him with the heap of grass collected by him. The deceased was going from north to south towards the village. When he reached the road crossing, all the six appellants emerged from the millet filed of Murari where they had ambushed themselves. They surrounded the deceased. Bhurey Singh and Liladhar were armed with countrymade pistols. Sardar brother of Bhurey had a Pharsa. Sardar son of Nanhu Jatav was armed with a spear. Badri and Khacheru alias Kishori had lathis with them. Bhurey Singh held out that he would teach him (deceased) a lesson for the litigation initiated by him. Raja Ram and Ram Gulam raised alarm. Throwing his plough and aluminium container on the ground, the deceased tried to run away, but Bhurey Singh fired at him from the back. Leeladhar fired at him from the front. The deceased fell down on the ground whereafter the remaining accused persons started beating him with their respective weapons, i. e. , Pharsa, spear and lathis. Babu P. W. 3, Itwari and Mishri also reached the spot and challenged the appellants. They then took away to their heels. The deceased died at the spot. Leaving the dead body of the deceased in the care of others, Raja Ram PW 1 went to the Police Station on foot and lodged the F. I. R. by oral narration. A case was registered and investigation started by S. I. Balbhan Singh Yadav PW 4. He recorded the statement of the informant and proceeded to the spot. Inquest report was prepared and other formalities were completed. The dead body was sealed and sent for post mortem. He took in possession blood stained and simple earth from the spot. He also recovered pellets, wads etc. therefrom.
(3.) POST mortem over the dead body of the deceased was conducted by Dr. V. K. Sharma PW 8 on 24-9- 1980 at 3 p. m. The deceased was about 50 years of age and one day had passed since he died. The following ante-mortem injuries were found on his person: (1) Incised wound 12 cm x 1 cm x muscle deep on left side, 3 cm back of the left ear. (2) Incised wound 7 cm x 1. 5 cm x muscle deep on left side, 3 cm above injury No. 1. (3) incised wound 10 cm x 1. 5 cm x bone deep, 2 cm above injury No. 2. (4) Incised wound 10 cm x 1. 5 cm x bone deep on the scalp. (5) Contusion 3 cm x 1 cm on the left side of head, 3 cm above the left ear. (6) Contusion 6 cm x 2 cm on the left shoulder joint. (7) Circular 35 abrasions in diameter of 2 mm in an area of 20 cm x 14 cm on left side of the back. (8) Contusion 6 cm x 2 cm on the back obliquely. (9) Contusion 3 cm x 2 cm on the other side in middle of left thigh. (10) Contusion 1 cm x 1 cm on the left knee joint. (11) Contusion 2 cm x 1 cm on the outer and middle of left leg. (12) Incised wound 3 cm x 1 cm x muscle deep, 6 cm above the right arm. (13) Contusion 5 cm x 2 cm on right shoulder. (14) Abraded contusion 6 cm x 2 cm on the back of left wrist and hand. (15) Lacerated wound 3 cm x. 5 cm x 5 cm on the upper outer part of thigh. (16) Contusion 2 cm x 1 cm x 1 cm on the joint of right knee. (17) One gunshot wound of entry in a diameter of 2. 5 cm, inverted margins, on left hypochondrium region, abdominal cavity deep with stomach lacerated and in the peritonial cavity, one litre blood mixed with unidentified food was found and 35 pellets were also recovered from the stomach. The cause of death was shock and haemorrhage resulting from ante-mortem injuries which were sufficient in ordinary course of nature to cause death. Injury No. 17 was caused by fire-arm; injury Nos. 1 to 4 and 12 were caused by sharp edged weapons and rest by lathis. As indicated in ante-mortem injury No. 17 above, 35 pellets were recovered by the Doctor from the dead body of the deceased.;