IMTIYAZ MURTAZA, J. - (1.) THE above appeals have been filed against the judgment and order dated 11 -9 -2003 passed by Special Judge (Dacoity Affected Area Act) Budaun in Special Sessions Trial No. 31 of 1999 whereby the appellants in Criminal Appeal No. 4950 of 2003 have been convicted and sentenced to death under Section 302/34 I.P.C. 10 years R.I. under Section 394 I.P.C. and one year R.I. under Section 411 I.P.C. Appellant -Aslam alias Neta in Criminal Appeal No. 4905 of 2003 has been convicted and sentenced to undergo life imprisonment under Section 302/34 I.P.C. 10 years R.I. under Section 394 I.P.C. and one year R.I. under Section 411 I.P.C.
(2.) CRIMINAL Reference No. 2 of 2003 is for the confirmation of death sentence. The brief facts of the case are that on 23 -1 -1998 at 11.15 a.m. Assistant Station Master of Vitrohi Station informed the informant Madan Lal Sukhaja, Station Master, Budaun that a murder of a passenger took place in 127 Up train. On this information he lodged a report which was registered as a First Information Report at P.S. G.R.P. under Section 302 I.P.C. Sub -Inspector Rakesh Kumar started investigation. He recorded the statements of the scribe and constable Tekam Singh and also recorded the statement of informant Madan Lal Sukhaja, Station Master. He also recorded the statement of S.P. Kashyap, Assistant Station Master and Sanjay Kumar and also prepared the inquest report (Ext. Ka - 18) and the site -plan (Ex. Ka -16). He had also prepared the relevant papers for the post -mortem examination of the deceased. (Ext. Ka -19 to Ka -23). He also received an application given by Sanjay Kumar (Ext. Ka -2). He also recovered the plain and blood stained earth, recovery memo (Ext. Ka -4). He recovered one empty cartridge 12 bore and prepared its recovery memo (Ext. Ka -5).
(3.) THE post -mortem of the deceased was conducted by Dr. U.C. Gupta and he found following ante -mortem injury: (1) One fire -arm wound of entry below left lower jaw, below mandible of size 3 cm. x 3.5 cm. x bone deep, margins inverted, blackening and tattooing present surrounding the wound, on dissection muscles, great vessels, nerves trachea and esophagus found lacerated and clotted blood present, one wedding piece and (19) small metallic pellets recovered from below the injury from surrounding structures. ;