- (1.) Under challenge in the instant Criminal Appeal is the judgment and order dated 18.08.2010 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Fast Track Court No.2, Badaun, in Special Sessions Trial Nos. 24 of 2005, 25 of 2005, 19 of 2006 and 52 of 2006, arising out of Case Crime Nos.147 of 2005, 211 of 2005 and 15 of 2005, Police Station Sahaswan, District Badaun, whereby appellants Lala Ram, Lakhmi Chandra and Pooran were convicted for the offence under Section 302 read with Section 34 IPC and were sentenced with imprisonment for life and also with fine of Rs.15,000/- each with default stipulation of 5 years' additional imprisonment. Appellants Lala Ram and Lakhmi Chandra were further convicted for the offence under Section 25 of the Arms Act and were sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs.1,000/- each with default stipulation of 6 month's additional imprisonment. Both the sentences were directed to run concurrently. Charge under Section 302 IPC read with Section 3(2) V of the SC/ST Act was also framed against the appellants, however, they were acquitted of the said charge. Admittedly, no appeal has been preferred against the said acquittal.
(2.) Special Sessions Trial No.24 of 2005 was instituted on the basis of the charge sheet filed by the police in case Crime No.147 of 2005. Special Sessions Trial No.25 of 2005 was instituted on the basis of recovery of weapon of offence from the possession of appellant Lala Ram. Likewise, Special Sessions Trial No.19 of 2006 was instituted on the basis of recovery of country made pistol from the possession of appellant Lakhmi Chandra. Special Sessions Trial No.52 of 2006 was instituted against appellant Pooran because a separate charge sheet was filed against him after further investigation of the case arising out of case Crime No.147 of 2005 under Section 302 IPC.
(3.) Abridged facts, necessary for the disposal of the instant appeal are that complainant Ram Lal lodged a first information report at Police Station Sahaswan on 15.04.2005 at 22.30 hours alleging therein that on 15.04.2005 at about 09.30 PM, he, along with son Ramveer, was coming back from Akbarabad crossing to his house on Badaun-Babrala road. When they reached near the culvert then appellant Lala Ram, Lakhmi Chandra accompanied with one unknown person surrounded Ramveer and said you try to become leader and challenged to kill him and thereafter the appellants, with the intention to kill Ramveer, fired with their country made pistols on Ramveer due to which he fell down. The complainant raised alarm. On his alarm, Jagdish and Bobby reached there. The complainant brought Ramveer in injured condition to hospital where he was declared dead. Thereafter, the complainant got the first information report scribed by one Subhash and lodged the same at the police station Sahaswan, which was registered on 15.04.2005 at 22.30 hours i.e. only after one hour of the incident. The police immediately came into action and inquest proceedings were conducted at the hospital. The dead body was sealed and it was sent for postmortem to District Hospital Badaun. The postmortem on the body of the deceased was conducted on 16.04.2005 at 02.30 PM and the following injuries were found on his person:- i) Firearm wound of entry 0.7 cm x 1.0 cm x cavity deep present on the right chest 9 cm medial to right nipple at 2 O'clock position. Margins inverted. ii) Firearm wound of exit 1.5 cm x 1.0 cm x cavity deep present on the back of left side chest, upper part 5 cm lateral to spine. Margins everted. Underneath injury no.1 and 2 muscles, vessels, nerves, upper part of heart and pericardium and left upper part of lung and pleura was lacerated. Clotted blood present on the under aspect of sternum. iii) Firearm wound of entry 1.5 cm x 1.0 cm on the abdomen right side 10 cm lateral to umbilicus at 4 O' clock position. The wound is muscle deep. Margins inverted. iv) Firearm wound of exit 3.0 cm x 2 cm, muscle deep, present on the posteriolateral aspect of right abdomen 2 cm above iliac crest. Margins everted. Injury nos. 4 and 5 corresponding to injury no.3. v) Firearm wound of entry 6 cm x 4 cm x bone deep present over the left buttock. Underneath the injury, the muscles, vessels, nerves found lacerated and 11 small pellets were recovered from the wound. In the opinion of the doctor the cause of death was shock and haemorrhage as a result of ante-mortem firearm injuries. The duration of death was day.;