Alok K. Singh, J. - (1.) FOUR persons, namely, Ranveer Singh, Jaleel, Ram Naresh and Jagpal Singh were committed to the Court of Sessions on 13.3.1985 and charged by Vth Additional Sessions Judge, Hardoi on 24.7.1985 under Section 302 read with Section 34, I.P.C. The learned Additional Sessions Judge vide judgment and order dated 24.3.1987, passed in Sessions Trial No. 188 of 1985 convicted all of them for the offence under Section 302 read with Section 34, I.P.C. and sentenced each of them to undergo rigorous imprisonment for life.
(2.) AGGRIEVED by their conviction and sentence the aforesaid persons have preferred this criminal appeal. During the pendency of appeal one of the appellants, namely Ram Naresh, died about 10 years ago vide report of Police Station Pachdeora, district Hardoi, dated 6.11.2005. Consequently the appeal preferred by him abates. Shortly stated the prosecution case runs as under : (a) Appellants Ranveer Singh, Ram Naresh and Jagpal belong to the same family whereas appellant-Jaleel is said to be their close associate. Appellants Ranveer Singh, Jaleel and Ram Naresh are residents of same village, i.e., Kamaalpur, Police Station Pachdeora, district Hardoi, whereas appellant-Jagpal is resident of village Bhudiya, Outpost Allaganj, district Shahjahanpur, which is adjoining district of Hardoi. The deceased Ram Prakash Singh alias Munua, the complainant Vir Pal Singh, cousin of the deceased (P.W. 1) and Rajiv Kumar Singh, son of deceased (P.W. 4) also belong to village Kamaalpur. According to F.I.R. appellant-Ranveer Singh had got the deceased arrested in a false case of gambling. The deceased told about this false implication to the co-villagers. Appellant-Ranveer Singh took it as his defarmation in the village and, therefore, he threatened to kill him. Apart from this it comes out from the evidence of the complainant Vir Pal Singh (P.W. 1) that at the time of occurrence Ranveer Singh used to teach in the village and on a complaint made by the deceased he was transferred to village Patipura. (b) In this backdrop on the date of incident, i.e., on 18.7.1984 at about 6 a.m. the deceased, his cousin brother Vir Pal Singh and Rajiv Kumar Singh, son of the deceased, had gone to answer the call of nature towards west of village Kamaalpur in their fields. All the appellants suddenly emerged out from the adjacent cane field and exhorted not to spare the deceased alive. Appellant-Ranveer Singh and Jaleel both were armed with guns and Ram Naresh and Jagpal Singh both were armed with rifles. They started firing at the deceased with common intention to kill him. The complainant-Vir Pal Singh (P.W. 1) and Rajiv Kumar Singh (P.W. 4) raised alarm. One Sher Bahadur Singh and Krishna Pal Singh of the same village who were also easing out in the nearby fields shouted and ran towards them. Then all the four appellants ran away from there. The deceased after sustaining several fire arm injuries fell down in the field itself. (c) After the appellants left the place, Vir Pal Singh, Rajiv and some villagers who had reached there went near the deceased and found that he was still alive. They, therefore, took him to his house on a cot. Thereafter the complainant told about the incident to village Pradhan Jagpal Singh and got his report (Ext. Ka-1) scribed by him. Then the complainant went to the police station alongwith the report and the deceased, and lodged his report at the police station. Constable Clerk Umesh Pal (P.W. 7) prepared chik report (Ext. Ka-3) on 18.7.1984 at 7.10 a.m. and G. D. No. 7 dated 18.7.1984 at 7.10 a.m. (Ext. Ka-4). The case was initially registered under Section 307, I.P.C. and the investigation was entrusted to Sub-Inspector Satyadeo Singh, (P.W. 5). He recorded statements of complainant Vir Pal Singh and Jagpal Singh, Pradhan, the scribe of the F.I.R. and sent the injured Munua Singh to District Hospital, Hardoi alongwith a Constable but the deceased succumbed to his injuries on his way near Narainpur culvert. (d) At about 8.15 a.m. the Investigating Officer reached the place of occurrence in village Kamaalpur situate at a distance of about 3 kilometers from the police station. There he prepared a site plan (Ext. Ka-6) and took into possession two empty cartridges and prepared its Fard (Ext. Ka-17). From the place of occurrence the samples of plain and blood stained earth were also taken separately vide Fard (Ext. Ka-8). Then he entered into the village and recorded the statements of Raj Bahadur Singh, Ravindra Singh, Pratipal Singh and Sher Bahadur Singh etc. The complainant Vir Pal Singh also handed over the angochha which he was tying on his head at the time of the incident through which one bullet of rifle is said to have passed. This angochha was also taken into possession vide Fard (Ext. Ka-9). Therefore, the Investigating Officer made a search of the accused persons in the village but could not find them. (e) At about 10.10 a.m. the village Chowkidar handed over G. D. No. 10 (Ext. Ka-5) saying that as injured Munua Singh had died at 8.25 a.m. in the way at the culvert of village Narainpur, the case has been converted from Section 307, I.P.C. to Section 302, I.P.C. Then the Investigating Officer reached at the culvert of village Narainpur at about 11 a.m. and prepared the inquest report and other papers such as challan lash, photo lash and letter to Reserve Inspector of Police and Chief Medical Officer for post-mortem. Thereafter the sealed dead body was handed over to Constable Shital Prasad for taking it to Hardoi for autopsy. Dr. J. B. Singh conducted the autopsy on 19.7.1984 at 3.30 p.m. The description of ante-mortem injuries would be mentioned hereinafter. The blood stained lungi of the deceased was also taken into possession by the Investigating Officer vide Fard (Ext. Ka-16). After recording statements of witnesses of inquest report the Investigating Officer came back to the police station and recorded the statements of remaining witnesses of fard and inquest report. (f) On the next day also the Investigating Officer raided the house of accused persons but could not get any success. The son of the deceased, namely Rajiv Kumar Singh (P.W. 4) could not be available either on 18th or 19th July, 1984 and therefore his statement was recorded on 24.7.1984. The post-mortem report was also received on the same day. Further investigation was transferred to S.I. Radhey Shyam Sharma. On 4.8.1984 the subsequent Investigating Officer came to know about the surrender made by the accused persons in the Court and, therefore, he, after taking permission from the Court, interrogated the accused persons inside jail and finally submitted charge-sheet dated 5.8.1984 (Ext. Ka-17) against all the accused persons. Appellants-Ranveer Singh, Jaleel and Jagpal Singh were released on bail vide order dated 27.3.1987 by the Court.
(3.) IN support of its case the prosecution examined in all 7 witnesses. Out of them Vir Pal Singh (P.W. 1) a cousin of the deceased and Rajiv Kumar Singh (P.W. 4) the son of the deceased (who was aged about 15 years at the time of the incident) are said to be eye-witnesses. From the evidence of P.W. 1 it appears that there was enmity with the appellants as already mentioned in para 4 of this judgment. On the day of occurrence he alongwith Ram Prakash Singh alias Munua (deceased) and Rajiv Kumar Singh (P.W. 4) had gone to ease out in the field of deceased towards west of the village and while they were sitting in the fields to ease out at about 6 a.m. all the appellants suddenly emerged out of adjoining cane field and fired at the deceased with their respective weapons, i.e., guns and rifles. When he raised alarm, one of the appellants, Jagpal Singh, fired at him also. On his alarm some villagers rushed towards the place of occurrence due to which all the appellants ran away. Ram Prakash Singh alias Munua was carried on a cot to his house in the village. The complainant (P.W. 1) lodged F.I.R. at the police station. Ram Prakash Singh alias Munua expired near the culvert of village Narainpur on way to hospital.;