HONBLE V.K.SHUKLA, J. - (1.) PRESENT criminal appeal is directed against the judgement and order dated 26th July, 1995 passed by learned 9th A.D.J. Meerut Shri Chintamani Dungarkoti in ST No.668 of 1986 State vs. Raghubar and others thereby convicting and sentencing the applicants, U/s 302/149 I.P.C. to undergo life imprisonment with fine of Rs.2000.00, each and in case of default in depositing the fine to undergo 6 months R.I., under Section 323/149 of I.P.C. to undergo one year R.I. with fine of Rs.1000.00 each and in case of default to undergo 6 months R.I. under section 147 I.P.C. to undergo 1 year R.I. with fine of Rs.1000.00 each and in case of default to undergo 6 months R.I. and U/s 148 I.P.C. to undergo 1 year R.I. with fine of Rs. 1000.00 each and in case of default to undergo 6 months R.I.
(2.) BRIEF background of the case is that Balveer Singh s/o Mangat R/o Baghu Police Station Baghpat, District Meerut, on 20th July 1984 at 2:05 pm, has proceeded to lodge First Information Report against Munshi, Raghubar, Premi, Mahendra, Krishna Pal, Rishpal and Teji all resident of village Baghu, P.S. Baghpat, District Meerut mentioning therein that he has a chak situated at the southern road side that leads to Baghpat and of the the said land in question fictitious sale deed in question has been got executed and based on the said sale deed in question, an attempt is being made to take illegal possession of the said property in question that is continuously in their possession and is being irrigated by them. It was also mentioned that about two years back they had disturbed their crops and even this year on 13th July, 1984 unlawful assembly was formed and they tried to take possession and then police had prevented them and on 20 July, 1984 at about 10 a.m. when his uncle Ram Singh and Duli Chand were ploughing the said field and his mother phoolmati and his sister Rampali had came to the field with the food while he was settling the ridges alongwith Mahendra, then at the said point of time, Munshi armed with ballam, Raghubar armed with lathi, Premi armed with balkati and Mahendra, Krishnapal, Rishipal and Teji armed with lathi and ballam came and after abusing his uncle, started beating him and when the informant and Mahendra rushed to save him, then Ram Singh took away the ballam of Munshi and Duli Chand took away the lathi of Raghubar and saved themselves and various persons after hearing the noise came on the scene, then thereafter all these persons escaped from the spot and his uncle Duli Chand was lying dead and his uncle Ram Singh, mother and sister were in precarious condition and with great difficulty he has proceeded to lodge First Information Report. After the First Information Report has been lodged, the injured were taken to hospital and at hospital phoolmati and Ram Singh were examined and following injuries were found on their body Examination of Phool Wati Examined Phool Wati aged about 55 yrs w/o Maugat? R/o Baghu P.S Baghpat (Meerut) B/B C.P. No. 76 Khem Singh P/S Baghpat (Meerut) and .......... the following at 8.30 PM dated 20.7.84 M.I. Mole on lt. Cheek 1 -1/4 cm below mid of lt. Eye INJ - 1. Semicircular lacerated wound 3 1/2 x cm x 1/2 cm x skin deep on outer side Lt. Fore arm 5 cm above Lt. Wrist clotted blood in and around the wound present. 2. Lacerated wound 2cm x 1/2 cm x skin deep on outer side Lt. elbow joint. Clotted blood in and around the wound present. 3. Contusion 10 cm x 8 cm on upper and ........... Rt. upper arm 9 cm above Rt. elbow joint red in colour. 4. Contusion 14 cm x 2 cm on lower part of back and upper part of Rt. hip oblique, crossing mid line. Oblique. 5. Contusion 13 cm x 6 cm on lt. Thigh upper and outer 24 cm above Lt. Knee joint red in colour. C/o pain on ........ of chest but no ..... mark of Inj. Seen. 6. Lacerated wound 1 1/2 cm x 1/2 cm x skin deep on back of Rt. hand .................... 2 cm below Rt. wrist joint. All INJ caused by blunt weapon and simple. Duration about 1/2 day old. Sd/ illegible Sd/ illegible 20.7.84 20.7.84 MEDICAL OFFICER MEDICAL OFFICER P.H.C. BAGHPAT MEERUT P.H.C. BAGHPAT MEERUT Attested. R.T.I. Phootwati Examination of Ram Singh Examined Ram Singh aged about 85 yrs S/o Hardeva (Paper torn) Baghu P.S. Baghpat (Meerut) B/B C.P. No. 76 Khem Singh P/S Baghpat (Meerut) and found? the following at 8.05 PM dated 20.7.84 M.I. Mole mid and medial Lt. Chest 8 cm medial to Lt. Nipple. INJ - 1. Contusion 12 cm x 8 cm on Rt. upper arm mid and outer 9 cm below tip of Rt. shoulder .... Tr. Swelling around the Rt. upper ...... mid red in colour. There is fracture of Rt. Humerus Bone. 2. Six contusion in area of 22 cm x 22 cm on both side back 10 cm below 7th cirvical vertebra in different direction. Crossing mid line size from 9 cm x 2 cm to 14cm x 2 cm red in colour. 3. Contusion 9 cm 2 cm on Lt. Side back lower part .... abrasion its mid. Longitudinal in direction. 4 cm below INJ No. 2. 4. Contusion 3 cm x 2 cm on lower outer Lt. Chest ..... Tr. Swelling and it 16 cm below Inj. Angle of Lt. Scapula red in colour. 5. Tr. swelling 4 cm x 1 cm on Lt. Hand back along...... meta corpal bone. All INJ. Caused by blunt weapon and and kept under observation. Ad. x ray Rt. upper Arm. X -ray chest and x ray lt. hand ref. To Distt. Hospital Meerut for admission and treatment. Duration about 1/2 day old. Sd/ illegible Sd/ illegible 20.7.84 20.7.84 MEDICAL OFFICER MEDICAL OFFICER P.H.C. BAGHPAT MEERUT P.H.C. BAGHPAT MEERUT Attested. L.T.I. of Ram Singh On the same day Munshi and Raghubar were also examined and their examination report is as follows: Examination of Munshi Examined Munshi aged about 66 yrs S/o Pirthi R/o Baghu P.S. Baghpat (Meerut) B/B C.P. No. 1200 Jai Chand P.S. Baghpat (Meerut) and found? the following at 1.45 PM dated 20.7.84 M.II. M.I. Mole Lt. chest lower 6 cm below lt. Nipple. INJ - 1. Lacerated wound 3 1/2 cm x 1/2 cm x scalp deep on lt. Side skull. Back 12 cm back of lt. Ear oblique fresh bleeding present. 2. Lacerated wound 2 cm x 1/2 cm x scalp deep on mid of skull 9 cm above ......... of nose. Oblique fresh bleeding present. 3. Incised wound 1 1/2 cm x 1/2 cm x muscle deep on back of upper lt. Fore arm 2 cm below lt. Elbow oblique. Margins are clean cut. ............. in shape fresh bleeding present. 4. Tr. swelling 5 cm x 2 1/2 cm on base of back of lt. Index and mid finger. INJ. No 1 and 2 caused by blunt weapon kept under observation. Ad. X ray skull Inj. No. 3 is simple caused by sharp edged weapon. Inj. No. 4 caused by blunt weapon Ad. X ray lt. Hand. Kept under observation. Duration fresh Inj. Sd/ illegible Sd/ illegible 20.7.84 20.7.84 MEDICAL OFFICER MEDICAL OFFICER P.H.C. BAGHPAT MEERUT P.H.C. BAGHPAT MEERUT Attested. L.T.I. of Munshi Ext. Kha -4
(3.) MUNSHI aged about 66 yrs S/o Pirthi R/o Baghu P.S. Baghpat (Meerut) B/B C.P. No. 1200 Jai chand P.S. Baghpat. A case of medicolegal INJ whose M.I. And LTI are given below. Ref. To Radiological Dept. P.L. Sharma Hospital Meerut for 1. X Ray skull 2. X Ray Lt. Hand M.I. Mole Lt. Chest lower 6 cm below lt. Nipple. Sd/ illegible Sd/ illegible 20.7.84 20.7.84 MEDICAL OFFICER MEDICAL OFFICER P.H.C. BAGHPAT MEERUT P.H.C. BAGHPAT MEERUT L.T.I. of Munshi attested Photo copy attested Sd/ illegible 25.8.92 Ext. Kha -5 Examination of Raghubar Examined Raghubar aged about 55 yrs S/o Sohan R/o Baghu P.S. Baghpat (Meerut) B/B C.P. No. 1200 Jai Chand P.S. Baghpat (Meerut) and found? the following at 2.00 PM dated 20.7.84 M.I. Mole lt. Abd. 2 cm outer to umblicus. INJ - 1. Lacerated wound 2.5 cm x 1/2 cm x scalp deep on rt. side skull front 6 cm above mid of rt eye brow. Oblique fresh bleeding present. 2. Contusion 5 cm x 2 cm on lt. Abd. ........ just over Iliac crest. Red in colour oblique. 3. Contusion 3 cm x 1.5 cm on base of rt. thumb and wrist joint on palmer surface oblique red in colour. INJ No. 1, 2 3 caused by blunt weapon and simple except INJ No. 1 .......... X Ray skull advised. Duration fresh Inj. Sd/ illegible Sd/ illegible 20.7.84 20.7.84 MEDICAL OFFICER MEDICAL OFFICER P.H.C. BAGHPAT MEERUT P.H.C. BAGHPAT MEERUT L.T.I. of Raghubar Attested. Photo copy attested Sd/ illegible 25.8.92 Ext. Kha -6 Raghubar aged about 55 yrs S/o Sohan R/o Baghu P.S. Baghpat (Meerut) B/B C.P. No. 1200 Jai chand P.S. Baghpat (Meerut). Whose M.I. and LTI are given below. A case of medicolegal INJ ref. to Radiologist P.L. Sharma Hospital Meerut for 1. X Ray skull M.I. Mole Lt. Abdomen 2 cm outer to umbilicus Sd/ illegible Sd/ illegible 20.7.84 20.7.84 L.T.I. of Raghubar attested Photo copy attested Sd/ illegible 25.8.92 Ext. Kha -7 Inquest was conducted at 3:15 pm by SI Keshav Deo and body thereafter was send for autopsy. Autopsy was conducted on the body of deceased by Dr. D.D. Tyagi and he recorded following injuries on the body of deceased POST MORTEM EXAMINATION REPORT ¼'ko foPNsnu fjiksVZ 1/2 (Paper torn) dated 21.7.84 on the body of (Paper torn) P.S. Baghpat (Meerut) sent by S.. P.S. Baghpat (Paper torn) No. 91/84 Place: Baghpat Date: 21.7.84 Time: at 11.30 AM Body Identified by Police Constable/Chaukidar: C.P. No. ...64 Ashok Kumar P/S Baghpat C.P. No. 137 Om Prakash Meerut Probable Age 60 years. Probable time since death - about one day old Ka. External Examination 1. Condition of body as regards: Muscularity, - - - - - - Stoutness, Emaciation, Rigor mortis and decomposition: Average muscular rigor mortis present on both upper and lower ext. decomposition started in lower part of Abd. 2. Marks of identification specially in the case of unknown person: 3. Body/Eyes: 4. Stage of natural orifices, ears, nostrils, mouth, anus, urethra and vagina: Bleeding from nose present NAD 5. Injuries: Nature and position and measurements including incised wounds: Noted. 6. Bones and Joints There is dislocation of .... radius at elbow joint ..... of bridge of nose. 7. Organs of generation NAD 8. Addl. Remarks: NIL ANTE MORTEM INJURIES ¼e'R;q ds iwoZ dh pksVsa 1/2s 1. Lacerated wound (P.T.)( x1/2 cm x bone deep on Bridge of nose (P.T.) below mid eye brow. 1. Abrasion 2 cm x 1/2 cm on part of rt. fore arm 10 cm below rt. elbow. 2. Incised wound 3 cm x 1 cm x bone deep on lt. Fore arm mid and (P.T.) longitudinal in direction 9 cm below lt. elbow there is fracture of lt. ulna bone. 3. Incised wound 1.5 cm x 1/2 cm bone deep on ........ and upper Rt. leg 6 cm below right knee. Longitudinal in shape .............. down word. 4. Contusion 6 cm x 3 cm on rt. back of chest upper oblique, 15 cm below 7th cervical vertebra. 5. Contusion 20 cm x 5 cm on back of rt. side chest 6 cm below INJ N0. 5. oblique. 6. Contusion 15 cm x 8 cm on back of lt. Abdomen 16 cm below Int. angle of Lt. Scapula oblique. 7. Contusion 12 cm x 3 cm on upper and outer Rt. thigh 22 cm above Rt. knee oblique. 8. Contusion 2 cm x 1 cm on back of Rt. forearm upper 4 cm below Rt. albow. Sd/ - Illegible. Kha - Internal Examination 1 - Head and Neck: Described 1 - Bones of Scalp and skull: NAD. 2 - Membranes NAD. 3 - Brain Pale NAD. 4 - Base of skull NAD 5 - Vertebrae NAD 6 - Spinal Cord Not exposed 7 - Addl. Remark Nil. 2 - Thorax a. Walls, ribs and cartilage: Multiple fracture in 5th,6th 7th Ribs of Rt. side ..... and outer side b. Pleura: Blood present in Rt. side pleural cavity. c. Larynx, Trachea and Bronchi: NAD d. Right lung: Pale NAD e. Left lung: f. Pericardium: NAD g. Heart with wt.: Pale, empty, NAD Wt. 200gm. h. Large vessels: Empty i. Addl. Remark Nil. 3 - Abdomen 1 - Walls NAD. 2 - Peritoneum NAD. 3 - Cavity NAD. 4 - Buccal cavity, teeth, NAD. Teeth 2/1. tongue and pharynx 5 - Oesophagus NAD 6 - Stomach and its contents NAD empty. 7 - Small Intestine and its contents NAD contain gases. 8 - Large Intestine and its contents NAD contain faecul matter. 9 - Liver with wt. and Gall Bladder: Pale NAD wt. 1100 gm GB - empty. 10 - Pancreas NAD. 11 - Spleen with weight Pale NAD. wt.160 gm. 12 - Kidneys with weight Pale NAD. wt.170 gm. 13 - Bladder Half filled. 14 - Organs of Generation NAD Gha. Opinion as to cause and manner of death: Death is due to shock and haemorrhage due to A.M. injuries. Place: Baghpat. Date: 21.07.84. Sd/ - Illegible. 21.7.84 Dr. D.D. Tyagi ENCL: Enclosure 7 Seven (paper torn) Medical Officer P.H.C. Baghpat, Meerut (Seal) Other Notes: (paper torn) (2) one Baniyan and (paper torn) pair of shoe has (paper torn) Ext. Ka -9 28.7.87 ;