M.CHAUDHARY,J. - (1.) THIS criminal appeal has been filed by the accused appellants from judgment and order dated 5th of October, 1981 passed by II Additional Sessions Judge, Etah in Sessions Trial No. 92 of 1980, State v. Babu Singh and Ors., thereby convicting accused Babu Singh under Sections 302 and 325 IPC and under Section 307 read with 34 IPC and sentencing him to imprisonment for life, 3 years' and 7 years' rigorous imprisonment respectively thereunder. Accused Khem Karan was convicted under Sections 302 and 325 IPC each read with Section 34 IPC and Section 307 IPC and sentenced to imprisonment for life, 3 years' and 7 years' rigorous imprisonment respectively thereunder. Accused Chob Singh and Laiq Singh were convicted under Sections 302, 307 and 325 each read with 34 IPC and sentenced to imprisonment for life, 7 years' and 3 years' rigorous imprisonment respectively thereunder.
(2.) SINCE accused respondents Khem Karan and Chob Singh were reported having died their appeal stood abated vide order dated 29th of July, 2005. Brief facts giving rise to this appeal in nutshell are that Babu Singh, Khem Karan and Chob Singh are real brothers and accused Laiq Singh is their nephew residing in village Khangarpur, police station Nidhaulikalan. District Etah. The village is mainly inhabited by Lodha Rajputs, and there are only four houses of Faquirs. Accused Chob Singh, Babu Singh and Khem Karan are persons of criminal mentality as some five years ago they kidnapped the daughter of Tikam and some four years ago they kidnapped the daughter of one Bhupal. Thereafter they committed theft at the house of Ganga Singh, Shyamlal and Raghubar and thereafter they also beat Badan Singh and his son. The co -villagers were much perplexed due to their activities and wanted that they should leave the village and Hamid Khan was one of them. Therefore, Babu Singh and his associates were nursing grudge against Hamid Khan. Some four days prior to the occurrence Hamid Khan had gone to village Kheria within the limit of police station Jasrana to see his in -laws, and his wife Smt. Hasina alongwith her mother -in -law Munis @ Muniran and Devar Saleem aged about six years were present in the house. At about 10.00 a.m. on 24th of September, 1979 Smt. Muniran alongwith her younger son Saleem was asleep upon the cot in her chhapar and Smt. Hasina was sitting near her and the Dibbi was lighted there that Babu Singh and his brothers Khem Karan and Chob Singh armed with guns and their nephew Laiq Singh with half gun reached there and Babu Singh fired at Muniran hitting her at her chest and also causing fire -arm injury to Saleem who was asleep putting his hand on the chest of his mother. Khem Karan also aimed his gun at Smt. Hasina who raising hue and cry caught the barrel thereof lowering the same but the shot fired by Khem Karan hit at her left thigh. On hearing the hue and cry and sound of shots Tursi Ram and Mohd. Ali residing in the neighbourhood reached the scene of occurrence and saw the miscreants running away from the chhapar of the victims. Smt. Zinna who happened to be the sister of Smt. Muniran, the deceased got awoke and also witnessed the occurrence. Next morning injured Smt. Hasina got report of the occurrence scribed by one Than Singh and taking her injured Devar went alongwith Mohammadin in a buffalo cart to the police station Nidhaulikalan situate at a distance of two miles from village Khangarpur and handed over written report to the police there. The police registered a crime on the basis of written report handed over by Smt. Hasina and made entry regarding registration of the crime in GD. Investigation of the crime was entrusted to SI Nanak Chand who recorded statements of the witnesses at the police station itself and sent both the injured Smt. Hasina and Saleem to the Primary Health Centre, Nidhaulikalan for their medical examination. Smt. Hasina and Saleem were medically examined by Dr. R.K. Gupta, Medical Officer -in -charge PHC, Nidhaulikalan at 8.00 a.m. and 8.30 a.m. respectively.
(3.) MEDICAL examination of Smt. Hasina revealed below noted injuries on her person: Lacerated fire -arm wound of entry 2.5 cm x 3.5 cm 3 cm on medial side of left thigh 26 cm above the knee joint with margins inverted and blackening present. Gun powder burn present in an area of 8 cm x 6 cm around the wound. Direction from the front and clotted blood present. On cleaning blood started oozing. Her medical examination also revealed contusion in area of 6 cm x 6 cm on back of left thigh upper part 24 cm above the popliteal fossa. Colour reddish blue. Pellets not palpable in contused area. The doctor opined that the injury was caused by fire -arm and about day old in duration. The injury was kept under observation. X -ray of left thigh was advised. ;