- (1.) IMTIYAZ Murtaza, J. In these seven appeals the factual matrix relates to the same incident and the judgment impugned being the same, they are heard together and disposed of by this common judgment.
(2.) ALL the appeals have been filed against the judgment and order dated 24-4-2004 passed by Additional Sessions Judge/fast Track Court No. 1 Bhadohi in Session Trial No. 162 of 2000, State of U. P. v. Udai Bhan Singh alias Doctor Singh and Ors. convicting and sentencing the appellants under Section 302/149 I. P. C. for imprisonment of life and fine of Rs. 5,000/-, in default of payment of fine, one month further R. I. , under Section 147 I. P. C. for three months R. I. and fine of Rs. 500/-, in default of payment of fine three months further R. I. and further convicting and sentencing the appellants under Section 148, I. P. C. for six months R. I. and fine of Rs. 1000. 00 in default of payment of fine 15 days further R. I. ALL the sentences were ordered to run concurrently. Brief facts of the case are that on 4-4-1999 one Rakesh Kumar Pandey alongwith his brother-in-law Surya Narain alias Vakil Shukla were coming from Aurai to Gopiganj in his personal Car No. WB 26a 7554. In the car Surya Narain alias Vakil Shukla, Devi Shanker Dubey, Rakesh Kumar Pandey and Prem Shanker Dubey were sitting and Shesh Mani was driving the car. At about 3 p. m. when they reached at Trimuhani of Mirzapur road in township Gopiganj on G. T. road, accused Udai Bhan Singh, Tehsildar Singh, Akbal Bahadur alias Atkoti Singh, Prem Singh, Dhunni Singh, Munni Singh, Daroga Singh, Rajeshwar Upadhyay, Pintoo Singh and two other persons who were armed with latest weapons started firing. On account of this, his brother-in-law Surya Narain alias Vakil Shukla, Devi Shanker Dubey and car driver Shesh Mani died on the spot. He and Prem Shanker Dubey who were sitting on the back seat of the car came out of the car and received injuries also. Licensed Rifle of Prem Shanker Dubey was left in the car, which was taken away by one of the assailants. The occurrence was witnessed by Shiv Prasad @ Dangar Tiwari, Mukund Lal, Ram Dutt Mishra and other persons. Shopkeepers started running away after closing their shutters. It is further stated that there was enmity between Surya Narain alias Vakil Shukla and Udai Bhan Singh with regard to some contract work. The report was lodged at 3. 45 p. m. by one Rakesh Kumar Pandey at police station Gopiganj and the distance of police station from the place of occurrence is one km. Uma Shanker Pandey, Head Constable prepared the chik F. I. R. (Ext. Ka-2) and entered it in the G. D. (Ext. Ka-3 ). S. I. Vidya Prakash Misra started investigation. He reached at the place of occurrence and recorded the statement of informant Rakesh Kumar Pandey. S. I. Rashid Ahmad prepared the inquest report of Surya Narain alias Vakil Shukla, Devi Shanker Dubey and Shesh Mani on his dictation. Dead-bodies were sent for the most-mortem examinations. He prepared the site-plan (Ext. Ka-25) and collected blood stained and plain earth from the place of occurrence, broken pieces of glass of car, a piece of Raxine, blood stained shoes, empty cartridges, one Rifle and 9 mm Pistol of deceased Surya Narain Shukla and prepared its recovery memos (Ext. Ka-26 to Ka-32 ). The dead-bodies were sent for the post-mortem examination through constables Devi Prasad Pandey and Prabhu Nath Yadav. Post- mortem of the deceased Devi Shanker Dubey was conducted by Dr. Radhey Raman, Medical Officer, Maharaj Chet Singh Hospital, Gyanpur 4-4-1999 at about 11. 55 p. m. He found following ante-mortem injuries on the dead-body of the deceased Devi Shanker Dubey: (1) Fire-arm wound of entry charring and tattooing of size 2. 00 cm x 1. 00 cm. on left side of chest just below the mid part of left cavicle. Left side clavicle fractured with same wound of exit. (2) Fire-arm wound of entry with charring and tattooing around of size 1. 00 cm. x 1. 00 cm. on right supra clavicular region 4. 00 cm. medial to top of right shoulder, margins of wound inverted with its wound of exit of size 2. 5 cm. x 2. 00 cm. on left side of chest on its lateral side 5. 00 cm. lateral and just below to left nipple margin of wound of exit is everted. (3) Abraded contusion of size 2. 00 cm. x 2. 0 cm. on right side of forehead. In the internal examination he noted left clavicle fractured. 5th, 6th and 7th left side ribs fractured. In thorax, walls lacerated, ribs fractured, pleura lacerated, right lung lacerated, left lung lacerated, pericardium lacerated. Heart lacerated. Small intestine contained pasty material and gases. Large intestine contained faecal material and gases. One piece of cork of size 1. 5 cm. diameter 1. 2 cm. length recovered from the left side chest.
(3.) IN the opinion of the doctor the cause of death was shock and haemorrhage due to ante-mortem fire- arm injuries. Dr. Sanjai Tewari, Medical Officer, P. H. C. Bhadohi also conducted the post-mortem examination on the dead-body of the deceased Surya Narain Shukla alias Vakil Shukla on 5-4-1999 about 12. 30 a. m. and noted following ante-mortem injuries : (1) Lacerated wound 2 cm. x 1 cm. on the left side forehead with charring and tattooing around it. Frontal bone not injured. (2) Abrasion 1 cm. x 0. 5 cm. on the-med forehead with charring and tattooing around it. (3) Wound of fore-arm entry 6 in number each measuring 0. 8 cm. x 0. 8 cm. on the top and back of left shoulder. Margins of wound inverted with blackening and tattooing all around it with their wound of exit as follows: (i) 1. 5 cm. x 1. 5 cm. on the left side chest below the left axilla, 5 cm. below the apex. (ii) 3 cm. x 3 cm. on the left side chest 8 cm. below and lateral to the left nipple. (iii) 1 cm. x 1 cm. on the right side chest 6 cm. below the right nipple. (iv) 1 cm. x 1 cm. on the right side chest 4. 5 cm. above and medial to the right nipple. (v) 1 cm. x 1 cm. on right side chest 8 cm. below the right nipple. (vi) 1 cm. x 1 cm. on the right side chest 6. 5 cm. lateral to the right nipple. (4) Fire arm wound of entry 9 cm. x 8 cm. on the lateral surface of right mid thigh with inverted margins and tattooing all around it with its wound of exit on the medial surface of thigh at the same level with everted margins size 1 cm. x 1 cm.;