K.C.Bhargava, J. - (1.) THIS appeal is directed against the Judgment and order dated 1.6.1979 passed by the Vth Additional Sessions Judge, Barabanki in Sessions Trial No. 86 of 1979 and Sessions Trial No. 109A of 1978 convicting the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentencing each of them to imprisonment for life.
(2.) THE facts of the case, stated in brief, are that on 6.12.1974 at about 4.30 p.m., the occurrence took place in village Bahadurpur, within the police station Loni Katra, district Barabanki. It is stated that all the accused persons in furtherance of their common intention committed the murder of Onkar Nath in the field of Jagdish Baksh Singh. THEre was a dispute between the appellants and the deceased, Onkar Nath Singh, about the fields. It is not necessary to detail that litigation here which took place between the parties as the same has already been dealt with in detail in the judgment of the trial court. THEre was also election enmity between the parties. On the date of the incident Jagdish Baksh Singh (P.W. 4) was ploughing his field at about 4.30 p.m. He was levelling the field by means of a tractor. THE accused-appellants felt aggrieved of this act of Jagdish Baksh Singh as this field previously belonged to the family of accused appellant Ram Baksh Singh and Ram Baksh Singh raised an objection on the spot that this field should not be ploughed by Jagdish Baksh Singh. At that time Bhanu Pratap Singh, one of the appellants, was armed with a gun and the rest three appellants namely Ram Bahadur Singh, Kanhaiya Baksh Singh and Ram Baksh Singh, were armed with lathis. THEy started quarrelling between the parties and they also started abusing each other. THE two witnesses, namely Bhagwati Baksh Singh (P.W. 2) and Bikram Shah Singh (P.W. 1) heard the noise and they came to the field of Jagdish Baksh Singh (P.W. 4). THEy remained standing at some distance from these persons and saw that abuses were being hurled between these persons. At that time Ram Bahadur Singh exhorted to kill Onkar Nath Singh whereupon Bhanu Pratap Singh who was armed with a gun fired a shot upon Onkar Nath Singh which hit him in his chest towards left. THEreafter, Onkar Nath Singh started running towards north-east in the field of Paltoo. At that time another shot was fired by Bhanu Pratap Singh at Onkar Nath Singh which hit him. Onkar Nath Singh, after running about 35-36 paces from there fell down in the field of Paltoo. Bhanu Pratap Singh thereafter, tried to load his gun again but at the same time Bikram Shah Singh (P.W. 1) and Jagdish Baksh Singh (P.W. 4) snatched the lathi of accused-appellant Ram Bahadur Singh and thereafter they tried to snatch the gun from accused-appellant Bhanu Pratap Singh. Since Bhanu Pratap Singh was not handing over his gun Jagdish Baksh Singh (P.W. 4) gave lathi blows to Bhanu Pratap Singh and Bikram Shah Singh (P.W. 1) succeeded in snatching the gun. THEreafter all the four accused- appellants ran away from the spot. THEreafter these witnesses came on the spot where Onkar Nath Singh had fallen and found him dead. Blood had also fallen at that place. It is further alleged that one person Sahab Baksh Singh, had also come on the spot. THE dead body was left on the spot and Bikram Shah Singh (P.W. 1) and Jagdish Baksh Singh (P.W. 4) went to the police station and lodged a. written report of the incident which is Ext. Ka. 1. THE gun of Bhanu Pratap Singh which was snatched by these persons alongwith empty cartridges and the lathi which was snatched from Ram Bahadur Singh were handed over at the police station. The chik report Ext. Ka. 5 was prepared by the Head Constable Jagdamba Prasad (P.W. 5) and entry in the G. D. was made, a copy of which is Ext. Ka.6. At the time of lodging of the report Arjun Singh S. I. (P.W. 8) was also present at the Police Station. He took over the investigation of the case and started for the place of occurrence. Before starting for the place of occurrence he recorded the statement of Bikram Shah Singh (P.W. 1) at the police station. When the investigating officer reached the place of occurrence he could do nothing as the night was dark. On 7.12.1974 Panchayat nama Ext. Ka. 12 of the dead body was prepared in the presence of the Panches. Other necessary papers for postmortem were also prepared by the investigating officer. Ram Bahadur Singh and Kanhaiya Baksh Singh appellants were arrested by him. Ram Baksh Singh appellant surrendered in the court on 11.12.1974. As Bhanu Pratap Singh appellant was absconding, coercive measures were taken against him. Charge- sheet Ext. Ka. 20 was submitted against the accused-appellants.
(3.) POST-mortem examination on the body of the deceased Onkar Nath Singh was conducted by Dr. V. N. Agarwal (P.W. 3) on 8.12.1974 at 8.30 a.m. The post-mortem examination report is Ext. Ka. 3. The deceased at the time of death was 28 years of age. He had died about two days back. Rigour mortis was absent on the upper limb but was present in the lower limb. The doctor found the following ante-mortem injuries on his person : 1. Gunshot wound of entry 6 cm. x 4 cm. x tissue deep on front of left side chest upper part precordial area. There was tattooing and scorching on adjoining skin. The direction was backward and downward. Margins were inverted and burnt. 2. Gunshot wound of exit 1 cm. x 1 cm. x tissue deep on right side back lower part direction forward and upward. Margins were averted. There was no tattooing or scorching on adjoining skin. On internal examination the doctor found that thorax and 4th and 5th left ribs were lacerated in anterior part. The left pleural cavity contained 6 oz. clotted blood and the right side contained 4 oz clotted blood. The right lung was lacerated in the lower part and left lung was lacerated in the middle part. Two pieces of wadding the metallic shots were recovered from left lung. The precardium contained 1 oz. clotted blood. Left ventricle of the heart was punctured. There was a hole 1 cm. x 1 cm. on anterior wall and one metallic shot was recovered from left ventricle. The stomach contained two oz semi digested food and the bladder was empty. In the opinion of the doctor the death was caused due to shock and haemorrhage due to injuries. The gun alleged to be snatched from Bhanu Pratap Singh accused- appellant was also sent to ballistic expert for examination and the blood stained clothes of the deceased were also sent to the Chemical Examiner and Serologist for examination. Human blood was found on the clothes of the deceased.;