M. C. Jain, J. - (1.) -These two appeals arise out of the judgment dated 9.2.1981 passed by the Ist Additional Sessions Judge, Budaun in Sessions Trial No. 62 of 1979. They are being decided together by this judgment. Ram Singh has been convicted under Sections 302 and 307, I.P.C. He has been sentenced to life imprisonment for the former offence and five years' rigorous imprisonment for the latter. Both the sentences have been ordered to run concurrently. The other four accused Rajendra Singh, Ravendra Singh, Raghvendra Singh and Jangi Singh have been acquitted. Accused Rajendra Singh and Jangi Singh died during the pendency of the appeal and as such Government appeal in respect of them abated under order dated 29.3.2005. Presently this appellate court is concerned with Ram Singh in the represented appeal and Ravendra Singh and Raghvendra Singh in Government Appeal.
(2.) THE incident took place on 20.12.1978 at about 4.30 p.m. in village Harganpur, P.S. Bilsi, District Budaun and the F.I.R. was lodged the same day at 7.30 p.m. by an eye-witness Babu Singh P.W. 1. One Bhikam Singh died in the incident and Netra Pal Singh, Brij Raj Singh, Chhotey Singh, Prithi Singh and Km. Neksu sustained injuries. Babu Singh P.W. 1 and the accused were collaterals. Accused Jangi Singh and Ram Singh were brothers. Rajendra Singh was the son of Ram Singh, Raghvendra Singh and Ravendra Singh are the brothers being sons of Jangi Singh. The field of Babu Singh was towards the north of the village. There was a chak road coming from his field to the village abadi and there was no other way. This chak road was passing by the side of the field of Ram Singh. In the evening of fateful day, Babu Singh and his son Bhikam deceased were bringing their lahi crop in a bullock cart towards their thrashing floor. Bhikam Singh was driving the bullock cart while Babu Singh was following. When the bullock cart reached the chak of Ram Singh and Than Singh, two accused Ram Singh and Rajendra Singh came and stopped the cart, saying that the bullock cart would not be allowed to pass as it resulted in damage to their crop. Because of some ghoora (Rubbish) having been collected there, the chak road had become narrow. Bhikam Singh replied that all the bullock carts were passing that way and there was no reason for obstructing him. Then Ram Singh and Rajendra Singh dragged him from the bullock cart, assaulted him with fists and kicks and disengaged the bullocks from the cart. Babu Singh and Bhikam Singh raised alarm which attracted Brij Raj Singh, Netra Pal Singh, Chhotey Singh and Prithi Singh. They also objected to the beating of the young boy. Both Rajendra Singh and Ram Singh then ran towards their house. As some of the lahi crop had been disturbed,. Babu Singh and Bhikam Singh started rearranging it. In the meantime, Ram Singh with his licensed gun, Rajendra Singh with a country made pistol, Ravendra Singh with a gun and Raghvendra Singh and Jangi Singh with country made pistols arrived there and held out a challenge. Ram Singh fired on Bhikam Singh which hit him. The other accused also started firing hitting Netra Pal Singh, Brij Raj Singh, Chhotey Singh, Prithi Singh and one young girl Neksu. Babu Singh being in the cover of the bullock cart was not injured. Bhikam Singh fell down on the spot and died. Dhan Pal Singh and some other persons also arrived at that time and on their intervention the accused persons ran away towards their house. Babu Singh left the dead body of his son on the scene of occurrence and went to the police station where he lodged the F.I.R. by oral narration. The injured were sent to P.H.C. where they were examined. He as well as injured had been interrogated by the Investigating Officer at the police station. The injuries of the injured were examined by Dr. R. C. Joshi P.W. 2 at P.H.C. Bilsi on 20.12.1978 between 10.15 p.m. and 11.15 p.m. Netrapal Singh had received two lacerated wounds caused by firearm on middle and upper right arm. X-ray of upper arm was advised. Both the injuries were fresh. Km. Neksu sustained two circular lacerated wounds, on the upper l/3rd part of left thigh and the other on left buttock region. X-ray was advised. Both the injuries were caused by firearm and were fresh. Chhotey Singh had sustained 10 circular lacerated wounds caused by firearm. X-ray was advised. Brij Raj Singh had sustained 14 lacerated wounds most of which were circular lacerated wounds. They had been caused by firearm. Prithi Singh had sustained two lacerated wounds caused by firearm. X-ray was advised. Thus, all the injured sustained firearm injuries.
(3.) POST-mortem over the dead body of the deceased Bhikam Singh was conducted on 21.12.1978 at 3 p.m. by Dr. V. P. Kulshreshtha P.W. 3. He had received following ante-mortem injuries on his body : 1. Abraded contusion 1 cm. x 1 cm. on left side cheek, 3 cm. below lower lid. 2. Gunshot wound of entry 1 cm. x 1 cm. communicating to wound of exit on left side neck with no blackening and tattooing, inverted margins. 3. Gunshot wound of exit 1.5 cm. x 1.5 cm. communicating to wound-entry of injury No. 2. 4. Gunshot wound of entry 1 cm. x 1 cm. x cavity deep on left side chest, 5 cm. above the left nipple at 1 O'clock position, inverted margins. No blackening and tattooing. 5. Gunshot wound of entry 1 cm. x 1 cm. x cavity deep on left side chest 2 cm. medial to left nipple at 11 O'clock position, inverted margins. No blackening, tattooing. 6. Gunshot wound of entry 1 cm. x 1 cm. x cavity deep on left side chest, 6 cm. below left nipple at 5 O'clock position, inverted margins. No blackening and tattooing. On internal examination, the fracture of 4th rib was found. The left lung was lacerated and three pellets were taken out. The heart was punctured and stomach was empty. Small intestine had fluid and gases and big intestine had some liquid material and faecal matter. The death was due to shock and haemorrhage as a result of above injuries which were sufficient to cause death in ordinary course.;