- (1.) M. C. Jain, J. Both these appeals arise out of judgment and order dated 8-5-1980 passed by Sri Chhatrasal Singh, I Additional Sessions Judge, Etah in Sessions Trial No. 725 and 751 of 1979, Sewati Lal son of Het Ram, Malkhan Singh son of Sewati Lal, Sri Ram son of Sewati Lal and Ganga Prasad son of Nathuram are appellants in Criminal Appeal No. 1231 of 1980 whereas Ganga Singh son of Sewati Lal is appellant in connected Criminal Appeal No. 1232 of 1980. Both the appeals being related to each other are being decided by this common judgment. All the accused appellants have been convicted under Section 302 read with Section 149 I. P. C. , 307 read with Section 149 I. P. C. and 148 I. P. C. The sentences are life imprisonment, five years' rigorous imprisonment and two years' rigorous imprisonment respectively. All of them have been ordered to run concurrently.
(2.) A summary of the relevant facts would be helpful. The incident took place on 5-6-1979 at about 7. 30 p. m. at the house of the complainant Sona Devi alias Jal Devi PW 1 in Mohalla Maharana Pratap Nagar, Railway Colony, P. S. Kotwali, District Etah and the report was lodged that daty at 8 p. m. Ram Prasad died in the incident whereas the complainant Sona Devi alias Jal Devi sustained injuries. About 15 years before the incident, Sona Devi alias Jal Devi PW 1 wife of Mool Chand resident of village Bamnai of P. S. Kotwali, Etah had become issueless widow. She inherited 49 bighas land of her husband out of which she sold 15 bighas of land and shifted to Etah, still leaving 34 bighas land in her name in village Bamnai. At Etah, she purchased a piece of land from Ram Prasad deceased situated in Mohalla Maharana Pratap Nagar and constructed a house and started regarding residence. Ram Prasad deceased also started residing in that very house with her. Sewati Lal accused was the real brother of Ram Prasad, deceased. The wife of Sewati Lal accused is the real sister of the mother of Gaya Prasad accused. The relations between Ram Prasad, deceased and Sewati Lal accused were strained and a partition suit was pending. On 21-5-1978, Ram Prasad deceased had lodged a report against Sewati Lal, Sri Ram and Gaya Prasad under Section 392 I. P. C. About 1-1/2 years back, Sewati Lal accused had set up a fictitious lady as Sona Devi and had got a registered mortgage deed executed in his favour for Rs. 10,000 in respect of her 34 bighas of land situate in village Bamnai. She filed objections in the mutation proceedings initiated by Sewati Lal accused and that case was still pending in the Tehsil. There was a vacant piece of land lying just to the north of the house of Sona Devi alias Jal Devi situate in Mohalla Maharana Pratap Nagar. On the day of incident, Ram Prasad was lying on that open land on a cot. Sona Devi alias Jal Devi was also sitting on that very cot and her servant Chhotey Lal was sitting on the ground nearby. At the fateful time, all the accused persons armed with countrymade pistols reached there from the side of eastern lane and fired shots on them with the result that Ram Prasad succumbed to his injuries and Sona Devi alias Jal Devi sustained injuries. The assailants made their escape good with their weapons. Gyan Singh, Udaivir and others reached the spot to whom Sona Devi alias Jal Devi narrated the incident. Soon after, S. I. , M. N. Chaturvedi also reached the spot and took away Sona Devi alias Jal Devi to P. S. Kotwali by his jeep and there on her dictation H. M. Bani Singh scribed the chik F. I. R. at 8 p. m. She was taken to the District Hospital, Etah for medical examination which was conducted by Dr. P. N. Verma PW 8 at 8. 45 p. m. The post-mortem over the dead body of the deceased was conducted by Dr. Daya Shankar PW 6 on 6-6-1979 at 5 p. m. The deceased was aged about 60 years and about one day had passed since he died. The following ante-mortem injuries were found on his person: (1) Three fire-arm wounds of entry on occipital region (middle), each measuring 0. 5 cm x 0. 5 cm x bone deep in an area of 4 cm x 4 cm. (2) Fire-arm wound of entry on left side chest 4 cm inner side and at 9 O' clock position to left nipple 2. 5 cm x 2 cm x chest cavity deep.
(3.) THE death had occurred as a result of shock and haemorrhage on account of ante-mortem injuries noted above. The following injuries were sustained by Sona Devi alias Jal Devi: (1) Lacerated wound 1-1/2 cm x 1/4 cm x skin deep on left side of face, 3 cm from angle of mouth at 4 O' clock position. Parallel to lower jaw border. Bleeding present. (2) Lacerated wound 1/2 cm x 1/4 cm x skin deep on left side of neck, 2-1/2 cm below lower border of lower jaw, 5 cm from midline. Parallel to lower jaw border. Bleeding present. (3) Lacerated wound 1/2 cm x 1/4 cm x skin deep on left side of neck, 2-1/2 cm below injury No. 2. Parallel to lower jaw border. Bleeding present. (4) Fire-arm wound of entry 1 cm x 1 cm on left side of chest, 2 1/2 cm above axillary fold. Probing not done due to medical reasons. Blackening not present. Bleeding present. (5) Fire-arm wound of entry 1 cm x 1 cm on left side of chest, 3 cm from injury No. 4 at 7 O' clock position. Probing not done due to medical reasons. Blackening not present. Bleeding present. (6) Fire-arm wound of entry 1 cm x 1 cm on left breast, 2-1/2 cm from nipple at 3 O' clock position. Probing not done due to medical reasons. Blackening not present. Bleeding present. (7) Abrasion 1 cm x 1 cm on left breast, 3 cm from nipple at 9 O' clock position. (8) Multiple fire-arm wounds of entry in area 13 cm x 5 cm on both the hips around anus and middle of hips. Blackening not present. Probing not done due to medical reasons. Pellet felt under the skin in the middle of left thigh on outer side. Direction from back, slightly right to left and little downwards. Bleeding present.;