- (1.) IMTIYAZ Murtaza, J. By means of this appeal the appellants have challenged the judgment and order 22-7-2005 passed in S. T. No. 458 of 2001 by Additional Sessions Judge, Court No. 3, Pilibhit whereby the appellants have been convicted and sentenced to imprisonment for life under Section 302/34 I. P. C. with a fine of Rs. 5,000/- each and in default of payment of fine, further 3 month's simple imprisonment and further convicted and sentenced the appellants to one year R. I. under Section 25 of Arms Act in S. T. Nos. 459 and 460 of 2001.
(2.) ON the basis of an information given by Radhey Shyam, Assistant Station Master, Bisalpur that some persons have killed a passenger inside the Train No. 166 Down when it stopped at Bisalpur Station, the F. I. R. was registered at case crime No. 185 of 2000 under Section 302 I. P. C. at Police Station G. R. P. Pilibhit. After registration of the F. I. R. S. I. Jai Prakash commenced the investigation. He recorded the statements of Assistant Station Master, Radhey Shyam and Munna. Thereafter, he reached at the Railway Station, Bisalpur and recorded the statement of Bhoopram, Station Master, Bisalpur. The dead- body of unknown person was identified as of Jai Prakash Agnihotri. ON his dictation HCP Sachidanand Rai prepared the inquest memo, which is Ext. Ka-9. He prepared letter to R. I. , letter to C. M. O. , Photo Lash and challan lash, which are Ext. Ka-10 to 12. The dead-body was sealed and handed over to constable Om Prakash Misra and constable Rakesh Pandey for carrying it to the mortuary for post- mortem examination. He collected blood smeared and plain earth from coach No. 72294 where the dead-body was lying and prepared its recovery memo, which is Ext. Ka-15. He also collected two empty cartridges of 12 bore and prepared its recovery memo, which is Ext. Ka-16. He also recorded the statement of Manoj Kumar, brother of the deceased. He also recorded the statements of S. I. Narendra Singh Tewatiya, Rajendra Kumar Jaiswal, Murlidhar and Mohd. Yunus and Bhoopram Station Master. He also recorded the statement of Nanhi Devi and Vinod, brother of the deceased. He also recorded the statement of an eye-witness Atul Kumar Saxena. ON 26-9-2000 he prepared the site plan, which is Ext. Ka-17. He recorded the statements of Bhola, Ved Prakash Misra, Chaukidar, and Basant Lal. ONe scooter, which was left on the road by the assailants was recovered by S. I. Narendra Singh Tewatiya and deposited by him at P. S. Bisalpur. In the Dickey of the scooter a licence in the name of Beniram Gangwar was recovered which was taken into possession. ON 29-9-2000 Bhanu Pratap Gangwar and Rajesh Kumar Gangwar were arrested. ON the pointing out of Bhanu Pratap Gangwar a 315 bore pistol was recovered and a 12 bore pistol was recovered on the pointing out of Rajesh Kumar Gangwar. The pistols were sealed and recovery memo was prepared which is Ext. Ka-5. He also prepared the site plan of the place of recovery of the country made pistols, which is Ext. Ka-18. ON the basis of recoveries of the country made pistols case under Section 25 Arms Act was registered. A letter was also recovered from the pocket of the deceased, which is Ext. Ka-3. ON 14-10- 2000, statements of Ram Krishna Agnihotri, Azam Khan and S. I. Narendra Singh Tewatiya were recorded. ON 17-10-2000 statement of Atul Kumar Sexana under Section 164 Cr. P. C. was recorded by the Magistrate. ON 23-10-2000 recovered Pistols were sent for scientific laboratory test. After conclusion of the investigation he submitted charge-sheet against the accused persons. The post-mortem on the dead-body of the deceased was conducted by Dr. R. S. Yadav on 26-9-2000 at 3 p. m. and noted following ante-mortem injuries on the person of the deceased : (1) Gun shot wound 2 x 2 cm. below chin 2. 0 cm. muscle deep. Margin irregular. Blackening present around the wound. On deeper dissection there is a hole in trachea and fractured 2nd cervical vertebrae. There are 11 pellets present in the wound. (2) Multiple abrasion on right side of neck in area of 4 x 1 cm. 4. 0 cm. above from right clavicle. (3) Gunshot wound 2 x 1. 5 cm. x right side upper part of chest below clavicle 4. 0 cm. away from tip of right shoulder joint. One bullet present in the wound. Blackening present around the wound. Muscle deep. Margin irregular. Four pellets present in the wounds. (4) Gunshot wounds 2 x 1. 5 cm on right shoulder joint lateral part 4. 0 cm. below from tip of right shoulder joint blackening present. Muscle deep. Margins irregular. Three pellets present in the wound. (5) Gunshot wound 4 x 6 cm. on right forearm. Margins irregular. Muscle deep. Tenders are seen. Two pellets present. Blackening present. (6) Gunshot wound 3 x 2 cm. on back of right shoulder joint muscle deep. Margin irregular. Blackening present. (7) Multiple gunshot wounds in area of 17 x 7 cm. around the injury No. 6. Blackening present around the wounds. Biggest size of wound. 5 x. 5 cm. Smallest size of. 2 x. 2 cm. Four pellets present. (8) Multiple gunshot wounds in area of 20 x 8 cm. left lower arm elbow and left forearm. Blackening present. Size of biggest wound. 5 x. 5 cm. smallest of. 2 x. 2 cm. (9) Contusion 2 x 1 cm. on left side of chest. 17. 0 cm. below from left clavicle. (10) Gun shot wound 4 x 2 cm. on back of lumber region mid part. Fractured lumber vertebrae. Dept in peritoneal cavity. Seven pellets present. One plastic ticklee present. (11) Abrasion 4 x 2 cm. on right knee (Patella ). In the opinion of the doctor cause of death of deceased was due to shock and haemorrhage as a result of ante-mortem injuries.
(3.) AFTER the submission of charge-sheet case was committed to the Court of Session and the Sessions Judge had framed charges under Section 302/34 I. P. C. and 3/25/27 Arms Act against the accused persons which was denied by the accused and claimed trial. In order to prove its case at the trial, the prosecution examined 16 witnesses in all and the case of the defence was of denial and false implication.;