- (1.) N. L. Ganguly, J. This appeal by Raghuraj Singh, Virendia Pratap Singh, Mahendra Pratap Singh and Vishwanath Singh is directed against the judgment and order dated 11-1-1984 passed by Sri U. S. Pandey, Special Judge, (Economic Offences), Allahabad in S. T. No. 416 of 1978. Appellants Raghuraj Singh and Mahendra Pratap Singh have been convicted and sentenced to two years R. I. under Section 148, IPC, six months RI under Section 323/149, IPC and also convicted and sentenced to undergo imprisonment or life under Section 302, IPC. Appellants Virendra Pratap Singh and Vishwa Nath Singh have been convicted and sentenced to two years RI under Section 147, IPC, six months RI under Section 323 and 323/149, IPC, respectively. Both of them have been convicted and sentenced to life imprisonment under Section 302/149, IPC. All the sentences were directed to run concurrently.
(2.) THE incident took place on 3rd of September, 1978 at about 1 p. m. at village Barji P. S. Soraon, District Allahabad. THE FIR was lodged by Sabha Singh on the same date at 2. 30 p. m. THE distance of Police Station from the place of occurrence is about 6 miles. Five persons were named as accused in the FIR except Raghu Nath, accused, the remaining four are appellants. Raghu Nath, accused had died after framing of the charges in the Court below. THE prosecution examined PW-1 Sabha Singh, informant and Smt. Shanti Devi PW-2, both are injured witnesses. THE prosecution examined formal witnesses, namely Charan Singh, Sub-Inspector, II I. O. (PW-3) PW-4 Dr. Vijai Pal, PW-5 Sheo Karan Singh, constable, PW-6 N. N Paladi, PW-7 Sudarshan Lal Awasthy, S. 1. 1st I. O. The defence also examined three witnesses, namely Sipahi Lal, constable DW 1, Head Constable Kalka Prasad Tripathi DW 2 and Visheshwar Nath DW 3. The FIR Ext. Ka 13, the informant Sabha Singh had lodged a written report and stated that he is resident of village Barji P. S. Soraon District Allahabad. Baj Bahadur Singh s/o Chandra Pal Singh was murdered in the year 1966 in which the informant, his cousin Ram Singh and Arjun Singh and few other persons were implicated as accused. The informant and other co-accused persons of the said case were acquitted by the Court. Since then the family members of Baj Bahadur were nourishing enmity against the informant and his family. On 3-9-78 at 1 p. m. his brother Ram Singh was going to give the fodder for the bullocks and the informant was going to his house after taking bath while Bali Ram s/o Ram Bharose, Ram Adhar s/o Maharani Din residents of the informant's village, were sitting at the door of his house and were talking with informant's sister Shanti Devi @ Bitti. In the meantime Raghu Raj Singh aliasraghu Nath Singh s/o Chander Pal Singh armed with gun, Mahendra Pratap Singh alias Lallan Singh s/o Brij Raj Singh armed with pistol in the right hand and holding a knife in the left hand, Virendra Pratap Singh alias Kallu Singh s/o Raghu Raj and Vishwanath Singh s/o Chandra Pal Singh, armed with lathis arrived at the house of the informant from the southern side. Raghu Raj accosted to assault Ram Singh, so that he may not be left to survive alive. In me meantime, Mahendra Pratap Singh fired with his pistol on Ram Singh which hit him, Ram Singh after who shot fell on the spot. The informant said to have rushed to the spot running, in the meantime Raghu Nath came near Ram Singh and fired with his gun towards him. The gun shot hit on the head. The head got fractured Raghu Nath Singh fired with his gun on the back, below the waist of Ram Singh, which caused injured on the sheet. Raghu Nath fired a second shot. In the mean time, the informant caught his gun. Virendera Pratap Singh alias Kallu Singh attacked with lathi on the informant and caused injuries on the head and scapula shoulder. The informant left Raghu Raj Singh and took shelter near the wall. The informant's sister Smt. Shanti Devi alias Bitti had also run to save. Vishwanalh Singh, appellant assaulted her with lathi. Ram Singh, brother of the informant died due to the gun shot. The informant's shrieks and crying attracted Bali Ram, Ram Adhar and many others of the village, who had arrived there. The accused persons after assaulting, ran towards east. The informant, his sister Smt. Shanti Devi, Bali Ram, Ram Din and many villagers had seen the incident.
(3.) PW-7 Sudarshan Lal Awasthy, S. I. was posted at P. S. Soraon on 3-9-78 Raj Narain was the Head Constable working on that day there. The written report was lodged by the informant Sabha Singh. A chick report Ext. Ka 13 on the basis of the written report Ext. Ka 1 was prepared by Raj Narain, Head Constable, in presence of the witness Sudarshan Lal Awasthy. The FIR and the chick report was proved by this witness. Sudarshan Lal Awasthy (PW-7) started the investigation and had recorded the statement of the informant at the Police Station and also had recorded the statement of Raj Narain, Head Constable Moharrir. After lodging of the report, he proceeded to the spot. S. I. Balbeer Singh was deputed for preparing the inquest memo. The panchayat nama (Ext. Ka-9) was prepared by S. O. Balbeer Singh which bears the signature of the punches. Balbear Singh S. I. is dead. 1'he inquest memo was proved by this witness. Sri Awasthy recorded the statement of Smt. Shanti Devi on the spot and'also recorded the statement of the other witnesses, inspected the place of occurrence, prepared the site- plan and proved Ext. Ka-15 with index. At about 6. 30 p. m. Smt. Shanti Devi PW-2 was sent through Arjun Singh for medical examination. Samples of plain and blood stained earth were also taken and sealed in different containers. The recovery memo for the said blood stained and plain earth proved as Ext. Ka-16. A pair of shoe of the deceased was also recovered from there, memo was prepared which is proved as Ext. Ka-17. The I. O. recovered a used cartridge and a piece of oelt of cartridges which was also recovered and memo was prepared and proved. Three cartridges were also recovered from the place of incident and separate memo was prepared after keeping them in sealed cover and proved as Ext. Ka-19. A knife was also recovered from the place of incident, recovery of the knife was also proved, memo of recovery marked and proved as Ext. Ka-20. A pair of black shoe was also recovered from the place of occurrence which appeared to belong to some of the accused persons which was also marked as Ext. Ka-21. Sri Awasthy remained in the village on the said night and on the next day, had recorded the statements of other witnesses, trying to search out the accused persons. The injury reports of Sabha Singh and Shanti Devi were received by Sri Awasthy at the Police Station. The investigation was continuing. The report was sent to the S. I. S. The material exhibits recovered at the place of incident have been proved in the Court also.;