V. N. Mehrotra, J. - (1.) THIS appeal has been filed against the judgment and order dated 13.8.1986 by Shri S.N. Singh, IInd Additional Sessions Judge, Hamirpur convicting the appellants Ram Sewak and Ram Ji for committing offence punishable under Section 302 read with Section 34,I.P.C. and sentencing them to undergo imprisonment for life.
(2.) THE prosecution case is that deceased Mahipat and Punwa were residents of village Dhagwa, P. S. Majhgawan, district Hamirpur. Informant Jugal Klshore is a brother of these deceased persons. It is alleged that on the day of the occurrence, i.e. on 31.7.1978 both the deceased persons as well as informant Jugal Kishore had gone to graze their goats and other cattle in the fields of village Itailiya. It is said that witnesses Wand Klshore, Phadali, Sripat, Rajendra and Tula Ram were also grazing their cattle in nearby fields. It is further alleged that the cattle which Jugal Klshore and his brothers were grazing entered the field of accused Ram Sewak. THEreupon this accused armed with country made pistol and Ram Ji and Puttu Singh armed with guns reached there at about 11 a.m. THEse persons started abusing the deceased and other persons and thereafter started taking away the cattle in order to impound the same in the cattle pond. Deceased Punwa tried to stop these persons and also started abusing them. Deceased Mahipat thereafter stopped the cattle but when the accused persons insisted on taking the cattle to the cattle pond Mahipat struck Ram Sewak with a lathi. Accused Ram Sewak then shouted that these persons be killed, on which accused Ram Ji and Puttu Singh tired shots from their guns and accused Ram Sewak fired shots from his pistol causing fatal injuries to Mahipat. When Punwa tried to intervene all the three accused persons fired shots aimed at him killing him on the spot. It is alleged that on the shouts of the witnesses a number of persons including Kandhi and Din Dayal also reached there. THE accused thereafter went away from the plaoe of occurrence. Jugal Kishore (P.W. 1) got the F.I.R. written by one Kunj Bihari and lodged the same at P.S. Majhgawan at 4.05 p.m. on the same day. After the case was registered Investigation was conducted by S.I. Lal Singh Chandel (P.W. 5). He recorded the statement of Jugal Kishore at the police station and reached the scene of occurrence on the same day. Panchnamas of the dead bodies were not prepared on that day as it had become dark by the time this witness reached on the spot. Panchnamas were prepared on 1.8.1978 and the dead bodies were sent for post-mortem examination alongwith necessary papers. The Investigating Officer took in his possession blood stained and plain clay from the place of occurrence. He also took in his possession one lathi and some empty cartridges from the spot. The Investigating Officer thereafter prepared site plan of the place of occurrence. He also recorded the statements of some of the witnesses named in the F.I.R. The charge-sheet was submitted on 23.9.1978 after completing the investigation. The post-mortem examination of the dead body of deceased Mahipat was conducted by Dr. J. N. Agarwall (P.W. 4) at 12.10 p.m. on 2.8.1978. He found a very large number of ante-mortem gun shot injuries on the body. The injuries have been mentioned in detail in the statement of this witness.
(3.) DR. Agarwal conducted post-mortem examination of the dead body of. Punwa at 10 a.m. on 2.8.1978. A large number of ante-mortem gun shot injuries were also found on his body. According to DR. Agarwal, both the deceased could have died at about 11.00 a.m. on 3J.7.1978 as a result of fire arm injuries received by them. The prosecution has in this case examined five witnesses, out of them Jugal Kishore (P.W. 1), Nand Kishore (P.W. 2) and Tula Ram (P.W. 3) have been examined as eye-witnesses of the occurrence.;