- (1.) G. P. Srivastava, J. These appeals and revision noted above have been instituted against the judgment and sentence dated 10. 4. 1991 passed by V Addl. District and Sessions Judge, Meerut in Session Trial No. 98 of 1989 State v. Anil, Sunil, Yashpal, Vikram and Smt. Dharamviri under sections 147/148/302/324/307 I. P. C. P. S. Kankark-hera District, Meerut, Crime No. 348 of 1988 whereby the learned Addl. Sessions Judge has convicted appellant Anil under sections 148/302, 324 read with 149 I. P. C. and sentenced him to one year rigorous imprisonment under section 148 I. P. C. , life imprisonment under section 302 I. P. C. and one year rigorous imprisonment under section 324 read with 149 I. P. C. All the sentences were made concurrent. He further convicted the appellant Sunil in offence under section 148/324 I. P. C. and instead of sentencing him he released him on probation of good conduct for a period of 6 months. The learned Addl. Sessions Judge has acquitted the accused Vikram, Yashpal and Smt. Dharamviri from offence under sections 147/148/302, 324 read with 149 I. P. C.
(2.) FEELING aggrieved with the judgment and sentence the accused Anil has preferred this appeal. The Government has also preferred Government Appeal against the acquittal of three accused persons and probation granted to accused Sunil. The complainant has also preferred the revision against the same. The prosecution case in brief is that the accused persons Anil, Sunil, Yashpal are real brothers. Accused Vikram is their father and accused Smt. Dharamviri is their mother. Parties are residents of the same locality Subhashpuri Kankarkhera. On 22. 11. 1988 at about 8. 00 P. M. complainant Raghunandan Sharma (PW 1) along-with his wife Smt. Pramila Sharma (PW 2) deceased Yashpal and three daughters Neera, Jyoti and Rajni was in his house. One Vikram the friend of his deceased son was also there. Accused Sunil came to the house of the complainant and called the deceased Yashpal out. Deceased Yashpal and his friend Vikram had come out. The accused Sunil began to quarrel with deceased levelling allegation that they were planning to kill him. The allegation was refuted by the deceased. On hearing noise the complainant and his wife came out and intervened. After a little while accused persons Sunil and Anil armed with knife, accused Yashpal armed with iron rod, accused Vikram armed with Danda and accused Smt. Dharamviri armed with piece of bricks came to the house of the complainant and began to abuse the deceased. On hearing the noise the complainant, his wife and daughters came out. They tried to pacify but the accused Anil stabed the deceased by knife and accused Sunil stabed Km. Neeru. Accused persons Yashpal, Vikram and Smt. Dharamviri caused injuries to Smt. Pramila by iron rod, Lathi and pieces of bricks. The injured persons were taken to Pyarey Lal Sharma hospital, Meerut where their injuries were examined by Dr. I. P. Singh who found following injuries on the body of Yashpal Singh : 1. Incised wound 3 cm x 1 cm x depth not probed on Rt. side chest lower part in frontal aspect 9. 5 cm below Rt. Nipple at 4 O'clock position. Kept U. O Adv. X-ray, 2. Incised wound 1. 5 cm x. 8 cm x depth not probed on Rt. side abdomen on outer aspect kept U. O. Adv. X-ray. Injuries of Raghunandan Lal Sharma : 1. Incised wound 6 cm x 0. 4 cm x muscle deep on left side face, extending from bridge of nose, upto left upper lip. 2. Incised wound 2. 5 cm x. 4 cm x muscle deep on Rt. side face 2 cm below lower eye lid. 3. An incised wound 3. 5 cm x. 5 cm x muscle deep on front of Rt. upper arm 9 cm above elbow. Injuries of Km. Neeru : Incised w. ound 4 cm x 1. 5 cm x depth not probed on left side abdomen 8 cm from umbilicus at 1 O'clock position. Kept U. O. Adv. X-ray in standing position. In the hospital the deceased Yashpal succumbed to his injuries. The complainant lodged written report Ext. Ka-1 at P. S. Kankarkhera. On the basis of which chick F. I. R. Ext. Ka-3 was prepared. A case was registered vide G. D. No. 52 time 23. 10 hours. The Investigating Officer prepared inquest report and other documents. The dead body was sent for post mortem. Dr. S. C. Gupta conducted the post mortem of the dead body on 23. 11. 1988 at 3. 00 P. M. He found the following ante mortem injuries on the person of the dead body : 1. Stitched wound 4. 5 cm was four stitches Rt. side of chest lower part 9 cm below Rt. Nipple 4 O'clock position. 2. Stitched wound 2. 0 cm lineration with two stitches outer part of Rt. back of Abdomen (Lumber region ). 3. Linear abrasion 4. 5 cm x lineration (Rt.) side of face with chin (Rt.) maxillary bone.
(3.) ACCORDING to the opinion of doctor the death was caused due to shock and haemorrhage as a result of injuries sustained. The Investigating Officer visited the place of occurrence, arrested the accused persons, collected blood stained and plain pieces of bricks. A blood stained knife was recovered on the pointing of the accused Anil. The Investigating Officer prepared site plan and submitted charge-sheet against the accused persons.;