- (1.) M. C. Jain, J. There are six accused-appellants, namely, Raghunandan alias Bade Mali, Mahesh, Shiv Singh, Brij Raj, Rum Niwas and Raju. The first five are brothers and sixth one Raju is son of one of them, Ram Niwas. They have preferred this appeal against the judgment and order dated 21-10-2003 passed by Sri J. B. Singh, Additional Sessions Judge (Fast Track Court No. 4), Etah in S. T. No. 341 of 2001. All of them have been convicted under Sections 148, 120-B, 404 and 302 read with Section 149 I. P. C. The sentences passed against them are these: Two years' rigorous imprisonment under Section 148 I. P. C. Two years' rigorous imprisonment under Section 404 I. P. C. and fine of Rs. 1,000/-each; life imprisonment and fine of Rs. 5,000/-each under Section 302 read with Section 149 I. P. C. and life imprisonment under Section 120-B I. P. C. and fine of Rs. 5,000/-on each of them. In default of payment of fine, one week's further simple imprisonment has to be undergone under Section 404 I. P. C. , one month's further simple imprisonment under Section 302 read with Section 149 I. P. C and one month's further simple imprisonment under Section 120-B I. P. C. All the substantive sentences have been ordered to run concurrently.
(2.) THE incident took place on 1-1-2001 at about 4. 30 p. m. on the triangle of Qila Road in the town of Aliganj, Police Station Aliganj, District Etah and the F. I. R. was lodged the same day at 5. 30 p. m. by an eye-witness Brij Raj Singh PW 1. THE distance of the Police Station from the place of occurrence was one kilometre. THE six accused-appellants and two others, namely, Rameshwar Singh Yadav and Jogender Singh Yadav (total eight persons) were named in the F. I. R. THE allegations against Rameshwar Singh Yadav and Jogender Singh Yadav were of criminal conspiracy. However, they were not put on trial. THE substratum of the case as surfacing from the F. I. R. and evidence adduced in the Court may be related for appreciation of the subsequent discussion. On the fateful day, the informant Brij Raj Singh PW 1 and his nephew Shiv Ratan PW 2 had gone to Nahar Singh market in the town of Aliganj to purchase vegetables. Near the vegetable Mandi, the accused Raghunandan alias Bade Mali, Mahesh, Shiv Singh, Brij Raj Singh, Ram Niwas and Raju were there who were conversing with Rameshwar Singh Yadav M. L. A. and his brother Jogender Singh Yadav. Brij Raj and his nephew Shiv Ratan were returning to village on foot after purchasing vegetables. Brij Raj Singh's brother Raghunandan was also purchasing vegetables in the market at the same time and he was left there while engaged in making such purchase. When Brij Raj Singh and Shiv Ratan reached at the triangle of Qila Road, Raghunandan with rifle hung on his shoulder came from behind on cycle, crossed them and proceeded ahead covering about 50 paces towards the village. It was then at about 4. 30 p. m. that six accused persons named above armed with fire-arms appeared all of a sudden. Raghunandan alias Bade Mali was armed with licensed double barrel gun. THE rest had illicit arms. All of them started firing, targeting Raghunandan Singh who, receiving shots, died at the spot. THE incident created a flutter at the scene of incident. THE accused Shiv Singh also took away the rifle of the victim Raghunandan while fleeing from the spot. THE murder of Raghunandan Singh was allegedly committed by the accused in consequence of criminal conspiracy with Rameshwar Singh Yadav M. L. A. and his brother Jogender Singh Yadav. Ram Singh-brother of Raghunandan alias Bade Mali had been murdered 15-20 days before this incident. Ram Lakhan, Shyam Lakhan (brothers-sons of present deceased Raghunandan Singh) and 4 others were named in the F. I. R. that had been lodged for the murder of Ram Singh. Two out of those four were Awadhesh and Nanhey (brothers-sons of Prem Singh ). Prem Singh was another brother of Raghunandan Singh deceased. On the lodging of the F. I. R. , a case was registered by Head Constable Hem Singh PW 4 by preparing chick and making entry in G. D. Investigation was entered into. The Investigating Officer was Station House Officer Nawal Kishore Chaudhary PW 5.
(3.) THE post-mortem over the dead-body of the deceased was conducted on 2-1-2001 at 2. 30 p. m. by Dr. Hari Om Gupta PW 3. THE deceased was aged about 55 years and one day had passed since he died. THE following ante-mortem injuries were found on the person of the deceased: (1) Fire-arm wound of entry 4x1 cm on left side of hip. (2) Fire-arm wound of entry 1 cm x 1 cm right side of back of chest, blackening present. (3) Fire-arm wound of exit 2 cm x 1 cm on right side of chest. (4) Fire-arm wound of entry 1. 5 cm x 1 cm on right side of back of chest, (5) Fire-arm wound of entry 3 cm x 1 cm on left side of chest. Blackening present. (6) Lacerated wound 3 cm x 1 cm x muscle deep on top of skull. On internal examination, both the lungs and pericardium were found lacerated. The cause of death was shock and haemorrhage as a result of the ante-mortem injuries.;