- (1.) KUNDAN Singh, J. Both the appeals have been preferred by the above appellants against a common judgment, dated 29- 11-1983 passed by Sri Om Pal, Vllth Additional Sessions Judge, Ghaziabad "in Session Trial Nos. 62 of 1979 and 61 of 1979, whereby accused of both the Sessions Trials have been convicted under Sections 302/149 and 147, I. P. C. and each of them has been sentenced to life imprisonment on the first count and to one year's rigorous imprisonment on the second count, making both the sentences to run con currently.
(2.) THE prosecution case, in brief, is that Jasvir son of Dayawati w/o Rajvir Singh resident of village Roshanpur Salemabad, Police Station Murad-nagar, district Ghaziabad, had gone to his fields in Village Dhindar on 6-11-1977. Three appellants Mahendra Singh, Vijendra and Virendra residents of Salemabad and other appellants residents of village Dhindar, caughthold Jasvir and took him forcibly towards village Dhindar. THEy brought Jasvir in the Gher of Kali Char an and assaulted him with lathis, handle of the engine and a hammer. Rameshwar and Satyavir residents of village Salemabad saw the appellants taking away Jasvir forcibly to the Gher of Kali Charan. Mahavir, Surajpal and others residents of Dhindar also saw the appellants taking Jasvir forcibly to the Gher of Kali Charan. Besides abovenamed witnesses, various other persons of the village attracted to the scene of occur rence who also saw beating of Jasvir. Rameshwar son of Khadag Singh informed Smt. Dayawati about that incident. She reached village Dhindar where she was told by the villagers that police had taken away Jasvir in a Buggi of Kali Charan to Police Station Muradnagar. She lodged an F. I. R. at 10-15 p. m. on 6-11-1977 at Police Station Muradnagar, district Ghaziabad, the distance of the Police Station being five miles from the place of occurrence. The case was registered in the presence of PW 7 K. K. Gautam, Station Officer, Police Muradnagar who took up investigation of the case in his own hands. He recorded the statements of Mahavir, Rameshwar, Surajpal Singh and other witnesses under Sec. 191, Cr. P. C. The Inquest report of the deceased was prepared by S. D. M. , Ghaziabad. The Investigating Officer reached at the spot and prepared a site plan. He also recorded the statements of other witnesses under Section 161, Cr. P. C. The postmortem of the deadbody of Jasvir was conducted by Dr. Vinai Maitin PW 5, who found six injuries caused by some blunt object. Parietal bone and 3rd and 4th ribs on left side were fractured. After completion of the investigation charge-sheet was submitted against the appellants except Satya Pal on 27-12-1977, while the charge-sheet against Satya Pal was submitted on 14-2-1978. The prosecution examined 7 witnesses in all to prove its case. Out of them, Mahavir (PW 1) Rameshwar (PW 2) and Suraj Pal Singh (PW 3) were the witnesses of the factum of incident, while rest were of formal nature.
(3.) THE accused-appellants denied the prosecution version and stated that they have been falsely implicated in the present case due to enmity. Viyay Pal stated in his statement recorded under Section 313, Cr. P. C. that Jasvir deceased came at his house and fired a shot towards him but he escaped narrowly. On his cry, Shishpal, Ramvir and 5-7 more persons had come there. After inflicting few injuries on the person of Jasvir, they arrested him. THE country-made pistol alongwith cartridges was snatched from Jasvir and then a report was lodged at the police station. THE Sub-Inspector who was accompanied by other police personnel, interrogated Jasvir saying that he was absconding since long but he could not be arrested. He was given severe beating by the Sub-Inspector at the police station and he came to know in the evening that Jasvir has died in the Hospital. Accused Vijay Pal accepted that he lodged the F. I. R. at P. S. Muradnagar, as Ext. Ka-11. at 4-00 p. m. on 6-11-1977 and the chick report of that F. I. R. was prepared by clerk constable Vijay Singh which he tendered in evidence and marked as Ext. Ka-12. He further stated that Jasvir came at his house and fired a shot. Jasvir was arrested after inflicting a few injuries on his person and was handed over to police. Vijendra Singh stated in his statement under Section 313, Cr. P. C. that he instituted a theft case against Jasvir in which he was absconding. The house hold property of the deceased was attached. Due to that enmity, he and his brother have falsely named him in the F. I. R. Mahendra Singh stated that he is brother of Vijendra Singh, who instituted a case against the deceased. Shish Pal Singh stated that he was a witness in the F. I. R. lodged by Vijay Pal. However, Satya Pal took the plea of alibi and stated that he was arranging All-India Tournaments on the date of incident and that he was also Joint Secretary of the Tournament committee of the Ordnance Factory. On the date of incident he remained in the Factory from morning to evening and to that effect he was issued a certi ficate from the factory and that he has also examined Lalit Kumar Sharma (DW 3), who was General Secretary of Sport Association, appointed by General Manager and Sri Ninan George (DW 4), who was Director In charge of the tournaments which had taken place between 4-11-1977 and 6-11-1977, in order to prove the plea of alibi. The defence also examined Constable Rajendra Singh and Vijay Pal as DW 1 and DW 2 respectively, to prove that the deceased was a history-sheeter and was involved in various cases. The charge sheet was filed under Section 457 and 380 I. P. C. against the deceased showing him as absconder.;