IMTIYAZ MURTAZA, J. - (1.) THIS appeal has been filed against the judgment and order dated 25 -8 -2004 passed by Addl. Sessions Judge, Fast Track Court No. 4, Meerut, whereby the appellants have been convicted under Section 147 I.P.C. and sentenced them for 6 months' R.I. and a fine of Rs. 1000/ -, under Section 148 I.P.C. and sentenced them for one year R.I. and a fine of Rs. 1000/ -, under Section 307 read with Section 149 I.P.C. and sentenced them to 7 years' R.I. and a fine of Rs. 5000/ -and in default of payment of fine further imprisonment for one month, two months and 2 years R.I. respectively. The appellants have further been convicted under Section 302 read with 149 I.P.C. and sentenced to death.
(2.) CRIMINAL Reference No. 14 of 2004 is for confirmation of death sentence. The brief facts of the case as mentioned in the first information report lodged by Kripal Singh at P.S. Bhawanpur, district Meerut are that his nephew Ajab Singh's daughter was abducted on 5 -11 -1997 by Rajneesh and Vikram and the case was pending in the Court. Apart from this case, other cases were also pending in the Court. In the night of 24/25 -5 -1999 at about 12.00 O'clock Rajneesh, Surendra, Chandrapal Singh, Indrapal, Jaiveer and Aman alongwith two unknown persons reached armed with country made pistol and rifle and asked for the compromise in the case. Ajab Singh did not agree and they had started firing from their weapons. Ajab Singh, Hari Singh @ Hariya and Geeta died and Raj Pal, Veer Singh and Bala received injuries. They had also abused him and threatened to kill. He saved himself by hiding in a room of his house. The occurrence was witnessed in the moonlight and electric light. Aman Singh had also threatened the witnesses. He proclaimed that if any one will go to the police station, he will be killed and hanged on the trees. No one could dare to lodge the report in the night. He lodged the report in the morning. The distance of the police station from the place of occurrence was 4 Kms. After the registration of the report, Hukum Singh, S.H.O., started investigation. He recorded the statement of the informant at the police station and reached at the place of occurrence. He instructed Sub Inspector Sri Pal Singh to prepare the inquest memos. He prepared the recovery memos of blood stained and plain earth, empty cartridges and bullets. Recovery memo of blood stained and plain earth is Ext. Ka. 15. Recovery memo of empty cartridges is Ext. Ka. 16. He had also prepared the site plan, which is Ext. Ka. 17. He had also recorded the statements of the inquest witnesses and the statements of injured Rajpal, Smt. Bala and Veer Singh at Lokpriya Hospital. He recorded the statements of Smt. Rajkali, Smt. Champi, Satpal and Harveer. On 29 -5 -1999 he attached the properties of absconded accused Chandra Pal and Indra Pal and prepared the recovery memo which is Ext. Ka. 18. He also attached the properties of Rajneesh and Surendra and prepared its recovery memo which is Ext. Ka. 19. He also attached the property of Jaiveer and prepared its recovery memo which is Ext. Ka. 20. The properties of Aman Singh were also attached by S.I. Phool Singh and prepared its recovery memo which is Ext. Ka. 21. On 5 -6 -1999 he had arrested accused Sethpal and Tejpal and a country made pistol as well as two cartridges were recovered from the possession of Sethpal and its recovery memo was prepared which is Ext. Ka. 22. On 5 -6 -1999 he had also arrested Narendra. Thereafter investigation was conducted by P.W. 11, Jai Dev Arya. He had started the investigation of the case from 22 -6 -1999. On 6 -8 -1999 he had submitted the charge -sheet against the accused persons which is Ext. Ka. 24.
(3.) POST -mortem on the dead bodies of Ajab Singh, Smt. Geeta and Hari Singh was conducted by Dr. K.N. Tiwari. He found the following ante -mortem injuries on the person of deceased Ajab Singh: (1) Gun shot wound of entry 2 cm x 1 cm on the back of chest Rt. side 7 cm below angle of scapula and 3 cm Rt. to midline, margins inverted an area of blackening and tattooing 15 cm x 11 cm around wound present, direction of wound is towards Lt. Bullet recovered from Lt. Side neck. (2) Gun shot would of entry Rt. side chest interiorly 1 cm. medial to Rt. nipple 1 cm x 1 cm margins inverted, an area of blackening and tattooing of 8 cm x 7 cm. present around wound. Direction of wound is towards chest cavity. Bullet recovered from post chest wall. (3) Gun shot wound of entry 1.5 cm x 1.5 cm on Rt. side neck 1 cm below Rt. ear lobule at 6 O'clock position. Margins inverted an area of blackening and tattooing 5 cm x 4 cm around wound is present. Bullet recovered from substance of liver. ;