- (1.) S. I. Jafri, J. Criminal Appeal No. 1938 of 1977 has been filed by Vinod Kumar, Ram Babu and Ram Kesh appellants and Criminal Appeal No. 1939 of 1977 has been filed by Hanuman, Roop Ram, Ram Gopal, Ranjit Singh, Ramesh. Jagat Prasad, Gaya Prasad and Shiv Prasad appellants against the judgment and order dated 11- 7-1977 of Sri R. K. Garg, Additional Sessions Judge, Kanpur Nagar in Sessions Trial No. A-134 of 1974. By this order, all the appellants have been convicted and sentenced to imprisonment for life under Section 302 read with Section 149. I. P. C. and to three years' R. I. under Section 201,i. P. C. read with Section 149, I. P. C. All the appellants except Ram Kesh have been further convicted and sentenced to three years' R. I under Section 148, I. P. C. and Ram Kesh has been convicted and sentenced to two years' R. I. under Section 147, I. P. C.
(2.) ALL the appellants belong to village Paniya Mau, Police Station Buognipur, district Kanpur. The three deceased viz Basudeo, Auant Ram and Mahabir also belonged to the same village Paniya Mau. la this village, there is a tank lying on the western outskirts of the village abadi. This tank is used by the village people for purposes of bathing and washing their clothes. The case of the prosecution in brief is that at about 11. 30a. m. on 20-8-1973, Basudeo, Anant Ram and Mahabir deceased had gone to the said pond for bathing and washing their clothes. Km. Shashi Kala (P. W. 3) (Sister of Basudeo deceased) had also gone there for similar purposes. Km. Shashi Kala was at the southern "burj" of the tank, Basudeo deceased was at the northern "burj", Mahabir and Anant Ram deceased were on the steps of the ghat at the eastern bank of the tank. The appellants also reached there with arms in their hands. Vinod Kumar was armed with pistol, Ram Babu with ibarchhi, Pam Kesh with lathi, Hanuman with gun, Roop Ram anj Kanjit Singh with swords and the remaining appellants were armed with Kantas. On reaching there they assaulted the three deceased persons. Almost simultaneously the appellant Hanuman opened fire from his gun at Basudeo and the appellant Vinod fired from his pistol at Mahabir. Basudeo jumped into the pond to swim to the other side of the pond for safety. Mahabir who was hurt also tried to run away but fell down on receiving injuries by another firing from his gun by Hanuman appellant. When he fell down, the appellants Shiv Prasad and Ranjit Singh hit him with their Kanta and sword Anaat Ram deceased was assaulted by appel lants Roop and Ram Gopal who died on the spot as a result of the injuries received by him. The appellants Hanuman and Vinod Kumar had rushed to the western bank of the tank and fired at the feeding Basudeo who after receiving injuries fell down in the field of Deo Karan. All the appellants had reached thereby the time he fell down. There he was again assaulted by the appellants and his head was actually chopped off the trunk. Thereafter, the appellants ran away. While running away, Roop Ram appellant carried away the chopped head of Basudeo. The occurrence was witnessed by Km. Shashi Kala (P. W. 3) from a begining to the end as she was present at the pond at the time of occurrence washing her clothes. Ram Swat up and Raj Bahadur who were also present in the vicinity on the western side of the pond had also witnessed the occurrence. The com plainant Ram Shanker (P W. 1) who was present at his house in the village on healing report of gun- fires and alarm raised by Km. Shashi Kala and others went to the scene of occurrence and witnessed the incident. While Anant Ram and Basdeo had died at the spot, Mahabir was lying in an injured state.
(3.) RAM Shankat (P. W. 1) and RAM Swar up (P. W. 2) started for the police station with Mahabir injured on a bullock-cart. In the way, Mahabir also succumbed to his injuries in village Monepur. There RAM Shankar (P. W. I) wrote a report and then they again proceeded for the police station with the dead body of Mahabir. On arrival at the police station, RAM Shankar (P. W. 1) lodged the written report at 2 p. m Constable Clerk Babu Lal (P. W. 4) prepared the chik report and registered this case. The Station Officer was not present at the police station. Sub-Inspector Pyare Lal (P. W. 7), who was present when this case was registered, started the investigation in the case. He at once conducted inquest on the dead body of Mahabir at the police station and then sent it to the mortuary for its post-mortem examination. He then went to the place of occurrence where he conducted the inquest proceedings on the dead bodies of Basudeo and Anant RAM. After completing other nscessary formalities, he despatched there corpses also to the mortuary for their post-mortem examination. During investigation he had also searched the house of appellant Jagat Prasad and had recovered a blood-stained Farsa there from. Station Officer Sharda Dutt Tripathi (P. W. 8) of the police station also reached the spot at 7 p. m. Then he took over the investigation from Sub-Inspector Pyare Lal (P. W. 7) and sub mitted a charge-sheet against the appellants after completing the investigation. Dr. H. N Bahadur (P. W. 5) conducted the post-mortem examination on the dead body of Basudeo deceased at 12. 10 p. m. on 21-8-1973. He found the following ante-mortem injuries on it: 1. Incised wound 3/4" x " sub cut on back of left wrist in outer 1/3 rd. 2. Incised wound " x 1/3 " X sub cut on back of middle of left wrist. 3. Three gun shot wounds in an area of 3" x 2" on left side abdomen 7" below nipple 1/8 " x 1/8" x muscle deep. 4. One gun shot wound 1/8" x 1/8" X muscle on right side abdomen 2" to the right of the umblicus. 5. Gun shot wound 1/8" x 1/8" on inner aspect of left elbow edges inverted communicates with another. 6. Wound 1/6" x 1/6" on back of left elbow edges everted.;