K.S. Rakhra, Vinod Prasad, JJ. - (1.) Appellants Shishupal, Ragubir Singh and Bihari were tried by Vth Additional Sessions Judge, Mainpuri in S.T. No. 525 of 1979, State v. Shishupal and others for offences under Sections 147, 302/149, 307/149, 148 I.P.C., P.S. Bhogaon, District Mainpuri who found all the appellants guilty of the charged offences and therefore convicted appellant Shishupal under Section 302 I.P.C. and appellants Raghubir and Bihari under Section 302/149 I.P.C. and sentenced each of them to life imprisonment. All the appellants were also convicted under Sections 307/149 I.P.C. and sentenced to four years R.I. Appellants Shishupal and Raghubir were also convicted under Section 148 I.P.C.and were sentenced to one years R.I.and appellant Bihari was convicted under section 147 IPC and was sentenced to 6 months RI vide impugned judgement and order dated 20.4.1982. All the sentences were ordered to run concurrently. The aforesaid convictions and sentences have been challenged by the three appellants in this appeal.
(2.) The necessary prelude to the above appeal lies in an F.I.R.( Ex. Ka-3) lodged by Pancham Singh informant P.W.6 at police station Bhogaon, district Mainpuri on 21.5.1979 at 4.10 A.M. as crime no. 147 of 1979 for offences under sections 147/148/149/302/307/34 IPC in respect of an incident alleged to have taken place on20/21- 5-79 at about 12 a.m. The allegations levelled in the said F.I.R. were that the informant along with his nephew Surendra Singh and servant Saddique were sleeping on the roof of their house in village Bilon PS Bhogaon District Mainpuri at the time of the incident. His brothers Tilak Singh and Ram Bharose Singh were sleeping in the court yard when 100 watt bulb was lighting. At 12 in the night informant and other persons on the roof woke up hearing the gun fire and they witnessed that appellant Shishupal armed with gun and rest of the three accused, Rati Pal,Bihari,elder son of Maiku Bahelia ( Later on identified as Raghubir) and one unknown person, all armed with country made pistols were standing. Shishupal shot at Ram Bharose. Informant raised alarm and came down. Meanwhile Tilak Singh encircled Bihari appellant from his hands on which rest of the three appellants fired at Tilak Singh from their country made pistols who sustained injuries and fell down in the court yard. Veer Mohammad , Sovaran Singh and many other co villagers collected on the spot and surrounded the accused but the appellants made their escape good towards south west canal firing towards them. The assailants were identified in the bulb light by the witnesses. Ram Bharose succumb to the injuries at the spot itself. Tilak Singh was got admitted in the hospital by the informant Pancham Singh who thereafter scribed the F.I.R. and lodged it at police station Bhogaon, district Mainpuri on 21.5.1979 at 4.10 a.m. Chik F.I.R.( Ext. Ka-15) was prepared by head Moharrir Virendra Singh who also prepared G.D. entry ( Ext Ka - 16) and S.I. Durga Prasad Sharma P.W.8 started the investigation.
(3.) On the same day I.O. recorded the statement of the informant Pancham Singh and then performed inquest(Ex. Ka-4) on the dead body and prepared other relevant papers on photlash, challan lash etc. as Ext. Ka.5 to Ka.8 and then handed over the dead body to the Constable Ram Pal and Ramendra Pal Singh for carrying it to mortuary for the purposes of post-mortem. He thereafter recorded the statements of witnesses Veer Mohammad, Surendra, Saddik, Sovaran Singh etc. prepared the site plan Ex. Ka-9 and conducted spot inspection. He also recovered blood stained earth vide recovery memo Ext. Ka-10. He also recovered blood stained rope from the cot and beneath it through recovery memo Ex. Ka-11 and empty cartridge and pellets through Ex. Ka-12. One of the cloth Tahamat (Lion cloth) was also recovered vide Ext.Ka-13. He arrested Bihari appellant on 22.5.1979. Rest of the two appellants Shishupal and Raghubir surrendered in the court on 6.6.1979.Completing the investigation he submitted charge sheet Ex. Ka.-14 in Court against the three appellants but did not charge sheet Rati Pal accused. The injury of the injured Tilak Singh was examined on 21.5.1979 at 2.25a.m. at District Hospital Mainpuri by Dr. D.P. Mishra P.W.3 who found following injures on his body:- 1) Lacerated wound 2 cms x 1 cm x scalp deep on the left side head 5 cms. above left ear. 2) Multiple wounds of wounds of G.S. entrance (four in number) on the front of right shoulder (two are large size 4 cms. x 2.5 cms. Each and lying 2 cms. apart from each other, and two are small each size .5 x .5 cms.) in an area of 8 cms. x 6 cms. The wounds are tissue deep and direction is backwards laterally. Margins are lacerated and inverted. No blackening or tattooing or scorching around the wounds. Kept U.O. Adv. X-Ray. 3) G.S. v. Of exit four in number in an area of 7 x 6 cms. on the back and outer surface of Rt. Shoulder each size .7 x .7 cms. and are through and through with injury no.2. Margins lacerated and everted. 4) Abrasion 7 cms. X 1.5 cms. on the front of abdomen, lying transversely 2 cms. above the umbilicus. Alleged to have been caused by firearm. No blackening or tattooing or scorching around the wound. Kept U.O. Adv. X-ray to confirm presence of any pellet.;