- (1.) VIJAY Kumar Verma, J. The aforecited appeals and revision have been preferred against the judgment and order dated 16-7- 1990 passed by Sri V. K. Jaiswal, the then 6th Additional Sessions Judge, Meerut in Sessions Trial No. 654 of 1986, State v. Om Dutt and Ors. , whereby the appellant-accused Kishan S/o Atar Singh, resident of Village Pilana, P. S. Pilana, District Meerut has been convicted under Section 302, I. P. C. and sentenced to undergo imprisonment for life, but the respondents-accused Om Dutt and Hari Dutt, both sons of Sri Babu Ram residents of Village Pilana, P. S. Pilana District Meerut in Government Appeal and Revision have been acquitted of the charge under Section 302 read with Section 34, I. P. C.
(2.) THE complainant, Raja Ram S/o Bhagwan Sahai resident of Village Pilana, P. S. Pilana, District Meerut had lodged the F. I. R. on 19-8-1986 at Police Station Pilana. THE case of the prosecution as appearing from the chik F. I. R. Ext. Ka-3, in brief, is that Satya Prakash, the younger brother of the complainant was residing separately from his four brothers and he was working as Post Man in the Post Office of Village Pilana. Since last election of Village Pradhan, enmity was going on between Om Dutt, Hari Dutt, both sons of Babu Ram and Kishan son of Atar Singh and Satya Prakash, who was witness also in a criminal case against Om Dutt and Hari Dutt. THEse persons were adamant to kill Satya Prakash. Further case of the prosecution is that on 19-8-1986 at about 6. 00 p. m. Satya Prakash was coming back to his house alter getting milk from the village and when he reached in front of the house of Chandra Kiran in the way, Om Dutt, Hari Dutt and Kishan met there in the way and overpowered him. Seeing himself surrounded, Satya Prakash raised the noise on which the complainant, his brother Brahmanand, Shanti and Nathu S/o Niyader, Devendra S/o Bhoop Singh and Raj Bal S/o Giri Lal Tyagi and many people rushed towards spot. At that time Om Dutt and Hari Dutt were having Tabal and Kishan was armed with Kripan. Om Dutt exhorted saying, "aaj sala bach ke na ja paye. Hamarey khilaff hone ka maza chakha do our jan se mar do". When the complainant and other people made attempt to save Satya Prakash, the accused persons with a view to cause his death began to give blows to Satya Prakash by their respective weapons, due to which he sustained injuries and fell down there and died immediately. THEreafter, the accused persons fled away in eastern side. Leaving the dead-body of Sri Satya Prakash on the place of occurrence, the complainant Raja Ram went to Police Station Pilana and handed over the written report (Ext. Ka 1), which was scribed by Lomesh Sharma S/o Brahmanand. On the basis of that report, chik F. I. R. (Ext. Ka-3) was prepared by P. W. 6, Ganga Saran and a case under Section 302, I. P. C. was registered against Om Dutt, Hari Dutt and Kishan at Crime No. 112/86 on 19-8-1986 at 7. 45 p. m. , entry of which was made in the G. D. No. 33 at the same time vide Ext. Ka-4. On the F. I. R. being lodged, investigation was started by S. I. Brij Lall (P. W. 9), who alongwith the Constables Ram Kishan and Tek Chand went to the place of occurrence and conducted inquest proceedings on the dead-body, during which inquest report (Ext. Ka 10) and connected papers (Ext. Ka 11 to Ka 14) were prepared. Thereafter, the dead-body in sealed condition was handed over to the Constables, Tek Chand and Ram Kishan, who carried the same for post-mortem examination.
(3.) THE post-mortem examination on the dead-body was conducted by Dr. P. K. Ohari (P. W. 5) on 20-8- 1986 at 4. 00 p. m. THE following ante-mortem injuries were found on the dead-body vide post-mortem report (Ext. Ka-2 ). (a) I/w 9 x 2 cm. x bone deep transverse on the Rt. Side of skull 4 cm. above Rt. ear top 9 cm. above the lateral side of Rt. Eyebrow. (b) I/w 8 x 2 cm. x bone deep Rt. Side skull/oblique in direction founding to midline 10 cm. above the bridge of nose. (c) I/w 8 x 2 cm. x muscle deep transverse on the Lt. side of neck. 2 cm. below the Lt. ear. (d) I/w. 5-1/2 x 1 cm. x muscle deep transverse on the Lt. side of neck 1. 5 cm below inj. No. 3. (e) I/w 8 x 2 cm. x muscle deep transverse Lt. side neck. 2 cm. below Inj. No. 4. (f) I/w. 8 cm. x 3 cm. x muscle deep transverse on Lt. side of neck 1 cm. below Inj. No. 5. (g) I/w. 6 x 1-1/2 cm. x muscle deep on the lateral side of Lt. arm. 23 cm. above elbow joint. In internal examination, frontal, parietal and temporal bone were found fractured. Brain and membranes were lacerated. Stomach was containing semi-digested food weighing about 250 gms. THE death was caused due to shock and haemorrhage as a result of ante-mortem injuries. After completing the formalities regarding inquest on the dead-body, S. I. Brij Raj made spot inspection and prepared site plan (Ext. Ka-15 ). Simple and blood stained brick-bats (Ext. 2 and 3) were taken into possession and Phard (Ext. Ka-16) was prepared. One blood stained Kurta (Ext. 4) and Tehmad (Ext. 5) were also taken into possession and memo (Ext. Ka 17) was prepared.;