G.S.N.Tripathi - (1.) ACCUSED Lala @ Ashvasthama has been convicted on a charge under Section 307, I.P.C. ACCUSED Sukhbir and Sheetal have been convicted on a charge under Section 307/34, I.P.C. The accused had been sentenced to undergo R.I. for four years on respective charges.
(2.) THE prosecution case started on the basis of F.I.R. lodged by Dhoom Singh, P.W. 4 at the police station on 12.7.77 at 10 p.m. after covering a distance of 4 miles. THE incident is said to have taken place in the same evening at about 8.30 p.m. It has been alleged by the complainant in the F.I.R. that his brother Sahdev and mother Smt. Atlau, P.W. 5 were returning after giving food to his brother Sahdev and father Dalel Singh at their tube-well. The accused Lala @ Ashvasthama, Sheetal and Sukhbir met them on the way in the grove. Sukhbir ordered his mother Smt. Atlau to stop. Thereupon Sheetal said that it was a very good opportunity and the complainant, brother and mother should be done to death. The complainant Prakash, Kalu and others, who were talking at the tube- well nearly heard the alarm. Hearing it, they rushed towards the place of occurrence. Accused Lala fired at Sahdev and Smt. Atlau and after causing injuries to these persons, they escaped. It was about 8.30 p.m. in the night. The complainant had gone with the injured persons to the police station along with the F.I.R The case was registered in the police station and the injured persons were forwarded to Burhana P.H.C. for medical examination. Dr. Ajit Singh, C.W. 1 attended them in the same night at 10.35 p.m. Both the injured persons were bleeding. Therefore, he did not examine them and after applying first-aid, he referred them to the District Hospital for better treatment and examination.
(3.) THE injured were thus taken to the District Hospital. P.W. 2 Dr. Rakesh Kumar Jain examined Sahdev at 1.30 p.m. in the same night on 13.5.77 and found as many as 5 firearm injuries, which were quite fresh. These injuries were dressed and some medicine had been applied.;