I.P.Singh, J. - (1.) VIRENDRA Pal Singh alias Putani Singh, Shiv Charan Singh alias Dhuttey and Harish Chandra convict appellants have preferred this appeal against the judgment and order of Sri R. K. Gupta, Sessions Judge, Etah dated 11-5-1977, passed in Sessions Trial No. 261 of 1976 convicting and sentencing VIRENDRA Pal Singh alias Putani Singh under section 302, IPC and the other two appellants under section 302/149 IPC to imprisonment for life as well as under section 148, IPC to one year R. I. Both the sentences were to run concurrently.
(2.) THE prosecution case is that on 19-2-1975 at about 2.00 P. M. Suraj Pal Singh, deceased, accompanied by his son Dinesh Pal Singh complainant PW 1 were passing through Sabzi Mandi Ki Gali in the town of Aliganj, district Etah. Virendra Pal Singh alias Puttaai Singh appellant carrying a Tamancha while other two appellants Shiv Charan Singh alias Dhuttey and Harish Chandra carrying guns accompanied by two other unknown persons, who also carried guns, arrived from the opposite direction in the said Gali. Shiv Charan Singh alias Dhuttey appellant shouted at the deceased to stop. Hearing the said challenge Suraj Pal Singh, deceased, took a turn (to escape) but Virendra Pal Singh alias Putani Singh appellant opened fire which hit the deceased, who fell down and died on the spot. According to the prosecution this occurrence was witnessed by Dinesh Pal Singh complainant PW 1. Raj Bahadur Singh PW 2, Jang Bahadur Singh PW 3, Ram Vir Singh PW 4 and few others named in the FIR. THEse witnesses chased the assailants who had taken to their heals, but those assailants threatened with their fire arms that if any one would advance he too would be killed. Accordingly the chase was given up. According to the prosecution there was motive for this murder because Virendra Pal Singh and Harish Chandra appellants were inimical to the deceased and they had on many occasions entered into conspiracy with others to kill the deceased. The FIR of this incident was lodged by Dinesh Pal Singh complainant PW 1 the son of the deceased, at police station Aliganj, two furlongs away, the same day at 2.25 p. m. The post mortem examination of the deceased was conducted on 20-2-1975 at 11.50 a. m. by Dr. S. N. Bhatnagar, Dy.CMO, Etah. He found the following ante-mortem injuries on the person of the deceased JUDGEMENT_318_ACRR_1985Image1.jpg The internal examination revealed that second, third, fifth and sixth ribs were fractured. The pericardium at correspondance to the ribs was punctured.
(3.) EIGHT accused including the three appellants were put up for final inasmuch as charge of conspiracy under section 120-B, IPC was also framed against the said eight accused apart from the charge under section 302, 302/149 and 148, IPC which was specifically framed against the three appellants The appellants took the plea that they were falsely implicated in the case due to party bandi and enmity. They denied their participation in the crime. The prosecution in all examined 20 witnesses. Besides the Court had examined one witness as CW 1. These witneszes fell into three categories. Some were formal, others were on the charge of conspiracy while Dinesh Pal Singh PW I, Raj Bahadur Singh PW 2, Jang Bahadur Singh PW 3 and Ram Vir PW 4 were eye witnesses.;