- (1.) THIS is a criminal appeal against the judgment and order dated 4-4-1985 passed by the then learned IIIrd Additional Sessions Judge, Meerut in Sessions Trial No. 104/83 State v. Surendrajit Singh and Sessions Trial No. 349/83 State v. Virendrajit Singh, convicting the appellants under Section 302 read with Section 34, IPC and sentencing them to imprisonment for life.
(2.) THE prosecution case briefly stated is that the informant Smt. Swaran Lata Singh wife of Devendrajit Singh deceased is a resident of Krishan Ashram Kanjari Sarai within the circle of Police Station Civil Lines, Moradabad, Ram Chandra Singh had five sons named Rajendrajit Singh, Devendrajit Singh (deceased), Narendrajit Singh, accused Surendrajit Singh and accused Virendrajit Singh alias Jaju, Ram Chandra Singh was an Advocate, Devendrajit Singh (deceased), Rajendrajit Singh and Surendrajit Singh were also advocates, Narendrajit Singh was an employee in the Railways. Accused Virendrajit Singh alias Jajju was not doing any job at the time of the incident. All the brothers lived in one and the same house but separetely. THEy had jointly purchased a vacant piece of land. In a part of that land the deceased Devendrajit Singh had installed motrosed bench polishers and in northern part there existed a house and a shop. THEre was litigation between the deceas ed on one side and his father and brothers on the other in respect of such land. THE deceased was fed up with the litigation and therefore, he was put to dispose of the polishing machines. THE accused were deadly against the deceased and therefore, generated feelings of animosity against him. It is alleged that on 15-11-1982 at about 9. 00 p. m. When the deceased was at his house, a stranger came to him and asked him whether he wanted to dispose of his machines. He replied in the affirmative. Consequently he requested him to show him his machines as he wanted to purchase the same. He proceeded towards his factory. His wife Smt. Swaran Lata Singh informant (PW 1) had also followed him. He opened the factory and went inside it. His wife was also following him. At that time Surendrajit Singh alias Jajju happened to come inside the factory. THEy were armed with knife and pistol. THEy made utterances to the effect that they would be doing him to death, so that the chapter might be closed. Immediately the stranger caught hold of the deceas ed and tightly covered his mouth with his hands. THE accused Surendrajit Singh stabbed him by his knife several times and Virendrajit Singh fired a pistol shot at him. When his wife tried to raise alarm, she was terrorised and made to keep mum. THE accused and the stranger went out of the factory and closed the gate. Horrified Smt. Swaran Lata Singh had remained sitting inside the factory for about an hour and when she became sure that they were no longer there, she came out of the factory and immediately rushed to the District Hospital taking her husband by a Rickshaw. In the hospital he was declared dead. Smt. Swaran Lata Singh wrote a report (Ex. Ka-2) in the hospital itself. She took it to the Police Station and handed it over to the Head Constable Balak Ram PW 6, who on its basis prepared a chik report (Ex. Ka-9) and registered a case in the General Diary at serial No. 42, an extract of which is Ex. Ka-13. THEreafter the case was registered and its investigation was entrusted to the then Sub-Inspector Rohtash Singh PW 5. He took down the statements of the informant Smt. Swaran Lata Singh PW 2, Head Constable Balak Ram PW 6 at the Police Station itself. THEreafter he proceeded to the place of occurrence. Reaching there he inspected it and prepared its site-plan Ex. Ka-10. He took into his custody blood stained earth and plain earth and prepared a memo Ex. Ka-11 in respect thereof. On 26-11-1982 he took down the statement of Rajendrajit Singh, brother of the deceased. THE then Sub-Inspector Vidya Ratan PW 4 held the inquest on the deadbody of Devendrajit Singh in the Government Medical Hospital, Moradabad on 26-11-1982 at 9. 45 a. m. and prepared its inquest report (Ex. Ka-4 ). He seized, sealed and sent the deadbody to the mortuary for post mortem examination through constable Chet Ram PW 3. Dr. R. P. Bharadwaj PW 1 conducted the post-mortem examination and found the following ante- mortem injuries there on:- (1) Gun shot wound of entry size 5 cm. X 3 cm X long deep on the right side of chest just below the right nipple blackening tatooing charing present. Margins are lacerated. (2) Multiple burning each size about 2 cm. X 2 cm. on the whole of face and front of neck each containing gun powder. (3) Incised wound 2 cm. X 1 cm. X long deep on the right side of chest 3. 5 cm. below the medial and right clavicle. Margins are clean cut. (4) Incised wound 2 cm. above the left nipple. Margins are clean cut. (5) Abraison size 9 cm. x 2. 5 cm. on the left side of chest 3 cm. above the left nipple. (6) Incised wound 1. 6 cm. X cm. X muscle deep on the left lateral side of chest 11 cm. below the left anila. (7) Incised wound cm. X cm. X muscle deep on the left lateral side of chest i. e. below injury No. 6. Dr. R. P. Bharadwaj prepared the post mortem report (Ka 1) at the time of performing the post-mortem examination. In his opinion the death occurred due to shock and haemorrhage as a result of aforesaid injuries. The investigating officer Rohtash Singh took down the statement of Sub-Inspector Vidya Ratan. PW 4 on the receipt of the post-mortem report and after the completion of the investigation into the case, he submitted the charge sheet Ex. Ka-12 against the accused.
(3.) THE prosecution has examined the above-named witnesses and relied upon certain documents in support of its case. The accused pleaded not guilty. They have stated that all the allega tions levelled against them are wholly wrong and incorrect. They have dis played their ignorance regarding (sic) of the facts relating to the case. They have also stated that they have been falsely implicated in this case on account of enmity. They have, however, not adduced any evidence in support of their contentions.;