Giridhar Malaviya, S.K.Phaujdar - (1.) THE present six appellants stood charged for offences under Sections 148 and 302/149,I.P.C. and were tried in S. T. No. 411 of 1983 by the 1st Addl. Sessions Judge, Meerut. THEy were found guilty of the offences charged and each was convicted and sentenced R.I. for 18 months under Section 148, I.P.C. and to Life Imprisonment under Section 302/149, I.P.C. THE sentences were directed to run concurrently. THE order of conviction and sentences were recorded on 30.6.1984 against which the present appeal has been filed. All the six appellants were directed to be released on ball.
(2.) THE prosecution was launched on the basis of an F.I.R. lodged by one Mamchand Gir at the police station Jani, district Meerut on 12.7.1983 at about 11 a.m. It was alleged in the F.I.R. that on that date at about 9.30 a.m., the complainant, his son Subhash and daughter Sunita were engaged in harvesting Lobia in their field when Rishi Gir, Satyapal Gir, Kailash Gir, Mamchand Gir, Bijendra Gir and Virendra Gir came to the spot by the side of the well of the complainant. One Nathu Gir was sitting under the shade of a tree near the well and Chhidda Gir son of Nathu Gir was picking sugarcane in a nearby land. When the complainant, his son and daughter came near the well after the harvest, the aforesaid Rishi Gir and others all of a sudden attacked Subhash son of the complainant. Rishi had a kripan in his hand, Satyapal a knife, Kailash and Mamchand ballams (spears) while Bijendra and Virendra also held knives. Subhash fled towards the maize field of Smt. Shiv Kaur. He was chased by the accused persons, caught and surrounded by them and was assaulted by knives sword and spears on his neck, head and back. THE injuries were piercing ones (the term 'GOND DIYA' in Hindi has been used in the F.I.R.). On alarm being raised by Manohar and his daughter, Jaipal came to the spot. THEy all tried to save Subhash but he breathed his last at the spot itself, the assailants ran away towards the canal. It was indicated in the F.I.R. that a few days prior to the present incident, one Summar Gir's son Mangu had died in a mutual quarrel with Manohar and others. THE accused persons belonged to the clan of Summar and only on that grudge and to have avenged that killing, the accused persons had killed Subhash. THE dead-body lay in the maize field of Smt. Shiv Kaur. THE F.I.R. was scribed by Chhidda Gir son of Nathu Gir. The police started an investigation, sent the dead-body for postmortem examination, seized the relevant materials and submitted a charge- sheet against the present appellants. In the post-mortem examination on the dead body of Subhash, the autopsy surgeon found 7 incised wounds scattered over the neck, chest and arm, etc. The surgeon had opined that death was due to shock and haemorrhage as a result of the injuries. The stomach contained 150 gms of partially digested food materials. The post-mortem examination was conducted on 13.7.1983 at about 5.15 p.m. and the death, according to the surgeon, occurred about 1 1/2 days prior to the time of examination. Rigor mortis was absent in all forelimbs and decomposition had started. In the charge under Section 148, I.P.C. that was framed against the appellants, it was stated that they were members of an unlawful assembly and the common object of such assembly was to cause death of Ruhhash Gir and they were armed with sharp-edged weapons in the charge under Section 302/149, I.P.C. it was stated that in prosecution of their common object, murder of Sub-hash Gir was committed. The prosecution examined 9 witness. They were the complainant, Manohar Gir, his daughter Sunita (named in the court as Kunita), as also Dal Chand, Rajbal, Om Prakash, Virendra Kurrmr. Sohan Lal, Rajesh Kumar Mithal and Dr. S. K. Jain, who conducted the autopsy.
(3.) AMONGST the witnesses, Manohar and Kunita are witnesses to the incident. P.W. 3, Chand, was a police constable who proved the chick report made on the basis of the F.I.R. P.W. 4, Rajbal Singh, again was a constable who had carried the dead body to the hospital for post-mortem examination. P.W. 5, Om Prakash, was also a police official posted as Head Moharrir at the police station Jani. He received the clothings of the deceased from constable Rajbal. P.W. 6 was a constable (No. 381), Virendra Kumar. He had forwarded an application of Manohar Gir to the police station Jani after obtaining due orders from the Superintendent of Police. P.W. 7 was constable Sohan Lal. He spoke of receipt of another application from Manohar Gir on 15.7.1983. P.W. 8, Dr. S. K. Jain, had held the post-mortem examination on the dead body of Subhash and he had proved the ante-mortem injuries that he had found and he gave his opinion as to cause of the death. The last witness, P.W. 9 was Rakesh Kumar Mittal, the officer in-charge of police station Jani. He had investigated into the case. After the examination of prosecution witnesses, the accused persons were examined individually under Section 313, Cr.P.C. It was the defence of Rishi Gir that he was implicated due to enmity as his father was a witness in the case of murder of Mangu (as stated). The same defence was taken by Satya Pal also. Accused Kailash Gir took up a plea that Manohar had a land dispute against him and for that reason he was falsely implicated. Kailash Gir also took up a plea of alibi stating that he was an amin in tehsil Meerut and on the date of the alleged incident, he was away to the village Jajokar where he fell ill and came back.;