IMTIYAZ MURTAZA,J. - (1.) ALL these appeals are filed against the judgment and order dated 22 -9 -2004 passed by Special Judge, S.C.S.T. Act, Pilibhit. Crl. Appeal Nos. 5169 of 2004 and 5170 of 2004 are filed against the conviction of the appellants under Section 147 I.P.C. and sentence to undergo R.I. for one year, under Section 148 I.P.C. and sentence to undergo R.I. for two years, under Section 364 I.P.C. and sentence to undergo R.I. for 7 years and a fine of Rs. 5,000/ - and in default of payment of fine further imprisonment for six months, under Section 307/149 I.P.C. and sentence to R.I. for 7 years and fine of Rs. 5,000/ - and in default of payment of fine further imprisonment for six months, under Section 302/149 I.P.C. and sentence to imprisonment for life and fine of Rs. 15,000/ - and in default of payment of fine further one year R.I., under Section 201/149 I.P.C. and sentence to two years R.I. and a fine of Rs. 2,000/ - and in default of payment of fine further imprisonment for three months. Crl. Appeal No. 1394 of 2005 filed by Nirmal Singh alias Nimma is against the conviction under Section 25 Arms Act and sentence of imprisonment for two years and a fine of Rs. 2000/ - and in default of payment of fine further imprisonment for three months. Crl. Appeal No. 1395 of 2005 filed by Rakshpal Singh is against the conviction under Section 25 Arms Act and sentence to imprisonment for two years and a fine of Rs. 5,000/ - and in default of payment of fine further imprisonment for three months.
(2.) SINCE all the above appeals are filed against the common judgment, therefore, they are disposed of together by this judgment. The brief facts of the case, mentioned in the report lodged by Balihar Singh on 5 -2 -2001 at 6.45 p.m., are that his father Dheer Singh was returning to his village from market of Bisanda Kasba on his Rajdoot motorcycle. His brother Darshan Singh and Jagveer Singh had come to the market for the repairing of Tractor and they were also returning to their house. When his father Dheer Singh reached near southern culvert of Shanker Temple, Rakshpal Singh, Narbail Singh, Jarnail Singh, Vikram Singh, Nirmal Singh alias Nimma and Surendra Singh who were coming in a commandar Jeep No. UP 27 -B 4050 armed with Rifle and Guns collided their Jeep with the motorcycle where by his father fell on the ground. He was shot, lifted and dumped in the commandar Jeep and taken towards Banda. He and his brother Darshan Singh raised alarm. Ranjeet Singh was coming on a motorcycle, he started chasing the commandar Jeep but failed. It is further alleged that there was dispute of land with the accused and the incident took place at about 4.30 p.m. The report was lodged on 5 -4 -2001 at about 6.45 p.m. The distance of police station is one and half Km. from the place of occurrence. The report was prepared by Head Moharrir Ram Vilas Singh and S.I. Anil Kumar Sharma commenced the investigation. He recorded the statement of Ram Vilas Singh and Balihar Singh and reached at the place of occurrence alongwith the informant and prepared site plan which is Ext. Ka -44. During the inspection he recovered a Rexene shoe and one tail light of a motorcycle and prepared the recovery memo Ext. Ka -2. He also recovered one number plate of Commandar Jeep No. U.P. 27 -B 4050, about 50 steps away from the place of the occurrence and prepared its recovery memo, Ext. Ka -3. He also prepared the recovery memo of motorcycle Rajdoot No. U.P. 26 6772, which is Ext. Ka -13. An application was recovered from the dickey of motorcycle of Dheer Singh and its recovery memo is Ext. Ka -1. He recorded the statements of Jagveer Singh, Darshan Singh, Ranjeet Singh, Sardool Singh, Avtar Singh, Satya Prakash, Basant Lal, Ram Naresh and others. On 9 -4 -2001 head of Dheer Singh was recovered, inquest of the head was prepared by S.I. Kali Charan Sharma and thereafter the case was converted under Sections 147, 148, 149, 302, 201 I.P.C. On 10 -4 -2001 he arrested accused Rakshpal Singh, Nirmal Singh, Vikram Singh alias Vikka, Narbail Singh and Surendra Singh. From the possession of Rakshpal Singh a 12 bore country made pistol and three cartridges were recovered, from the possession of Nirmal a 315 bore pistol and two live cartridges were recovered, from the possession of Vikram alias Vikka a sword was recovered, from the possession of Narbail Singh and Surendra Singh one Kripan each was recovered. The recovery memos were prepared by S.I. Rajendra Prasad. The Commandar Jeep was taken into possession and recovery memo was prepared, which is Ext. Ka - 9. He also recovered a blood stained piece of foam of seat of jeep, recovery memo is Ext. Ka -17 and Raj Kumar and Sompal have also singed the recovery memo as witnesses. Case Crime No. 158 of 2001 under Section 25 Arms Act was registered against Rakshpal Singh, case crime No. 159 of 2001 under Section 25 Arms Act was registered against Nirmal Singh, case crime No. 160 of 2001 under Section 4/25 Arms Act was registered against Vikkar Singh, case crime No. 161 of 2001 under Section 4/25 Arms Act was registered against Narbail Singh, and case crime No. 162 of 2001 under Section 4/25 Arms Act was registered against Surendra Singh. All the five accused had confessed to get the dead -body of Dheer Singh recovered. They were taken out from the police station and reached at Gahluiya Nehar. On the pointing out of the accused headless body was recovered and recovery memo was prepared by S.I. Rajendra Prasad. The dead -body was identified by Manjeet and Ravindra Singh, recovery memo is Ext. Ka -18. A Kurta of the deceased was also recovered. Its recovery memo was prepared by Rajendra Prasad, Ext. Ka -19. All the accused got recovered one Kripan and S.I. Rajendra Prasad prepared the recovery memo, Ext. Ka -20. The inquest report was also prepared. He also prepared the site plan of the recovery of head and dead -body of the deceased which is Ext. Ka -47 and 48. He submitted charge -sheet, Ext. Ka -49 against Rakshpal Singh, Nirmal Singh Narbail Singh, Vikram Singh and Surendra Singh. A charge -sheet (Ext. Ka -50) was filed against Jarnail Singh. He also forwarded the blood stained and plain earth and other articles for the chemical examination.
(3.) THE post -mortem on the head of the deceased Dheer Singh was conducted by Dr. N.K. Mishra on 10 -4 -2001 at about 3.30 p.m. and he noted the following ante -mortem injuries: (1) Fire -arm wound of entry 2.0 cm. x 2.0 cm. on right side of face at root of right ear at the end of (middle of ear), margins are inverted. (2) Fire -arm wound of exit of 3.0 cm. x 3.0 cm. on left side of post scalp 4.0 cm. behind and below to ear, margins are everted. (3) Incised wound of 13.0 cm. x 3.0 cm. on right side of upper neck 1.0 cm. below right ear. Margins are clean cut. (4) Abraded contusion of 4.0 cm. x 3.0 cm. on right side of face 3.0 cm. below right ear. (5) Abraded contusion of 7.0 cm. x 5.0 cm. on right side of face head 1.0 cm. above right orbit. (6) Incised wound of 10.0 cm. 1.0 cm. on left side of post scalp 5.0 cm. below left ear. (7) Incised wound of 41.0 cm. circumference on upper neck (lacerated wound 15.0 cm. x 12.0 cm.) at the level of C 2 vertebrae. (8) Incised wound of 14.0 cm. x 1.5 cm. on left upper neck, 2.0 cm. below left ear. ;