Vijay Kumar Verma, J. - (1.) -This Government appeal after seeking leave of Court has been preferred against the judgment and order dated 11.1.2000, passed by Sri B. L. Pandey, the then Additional Sessions Judge/Spl. Judge (E. C. Act) Banda, in S. T. No. 236 of 1991 and connected S. T. No. 59 of 1992, whereby the respondents-accused-Suraj Pal, Nawal Kishore, Bakshraj and Ram Kishore have been acquitted of the offence punishable under Section 302 read with Section 34, I.P.C. in Case Crime No. 93/91 of Police Station Baberu, district Banda.
(2.) THE incident resulting in the death of Sukhram Singh, brother of the complainant Ghanshyam Singh Chauhan is said to have occurred on 22.4.1991 at about 5.45 p.m. in Kasba Baberu. First information report was lodged by the complainant-Ghanshyam Singh Chauhan S/o Indrajeet Singh, R/o Kasba and P. S. Baberu, district Banda. THE case of the prosecution as per F.I.R. (Ext. Ka-13), in brief, is that on 22.4.1991 at about 5.45 p.m., when the complainant, his mother Sunder Devi and his uncle Lal Singh were sitting on the door of their house and his elder brother Sukhram Singh was standing near the shop adjacent to the door of the house, the accused-Ram Kishore and Nawal Kishore both sons of Shiv Balak armed with double and single barrel guns respectively, Suraj Pal S/o Laxmi Narayan armed with single barrel gun (all residents of Kasba Baberu) and Bukshraj son of unknown R/o village Banthari, P. S. Kamasin, district Banda, armed with single barrel gun came there and abusing and saying that you have got the case registered against them, began to fire from their weapons. Sukhram Singh sustained serious injuries, who fell down there and died instantaneously. THE complainant and other persons managed to enter in the house and saved themselves. While making fire, the accused-Nawal Kishore was terrorising and threatening the people that if anybody will come near, he also will be killed. Due to this incident, terror was caused in kasba and nearby shops were closed and people began to run towards their houses. After committing murder of Sukhram, the accused-respondents fled away towards village Kachendu. Leaving the dead body of Sukhram at the place of incident, the complainant went to police station Baberu and handed over written report (Ext. Ka-1), which he himself had scribed. On the basis of this report, P.W. 7 Ram Manohar Singh prepared chik F.I.R. (Ext. Ka-13) and registered a case under Section 302, I.P.C. at Crime No. 93/91 against the respondents-accused on 22.4.1991 at 6.50 p.m. and made entry in G.D. No. 41 (Ext. Ka-14). The investigation was entrusted to S.I. Babu Singh Sachan P.W. 6, who went to the place of occurrence alongwith police and P.A.C. personnel and made search of the accused. Since there was low voltage, inquest proceeding on the dead body could not be conducted in night and next day, i.e., 23.4.1991, inquest proceeding was conducted by S.I. Babu Singh, during which inquest report (Ext. Ka-3) and connected papers (Ext. Ka-5 to Ext. Ka-8) were prepared and thereafter, the dead body was sent in sealed condition through constable Mahipal Singh (P.W. 5) for post-mortem examination, which was conducted by Dr. Sharif Alam (P.W. 3). According to the post-mortem report (Ext. Ka-2), the following ante-mortem injuries were found on the person of deceased : "1. Fire arm wound of entrance 5 cm. x 4 cm. x chest cavity deep situated on sternal area 6 cm. below to sternal notch. No blackening and scorching present in area 1 cm. around the wound. Margins inverted and irregular. Wound is directed inward upward toward left axilla and continue as. 2. Fire arm wound of exit 5 cm. x 5 cm. x chest cavity deep (communicating with injury No. 1 margin everted) situated on left side of upper of lateral side of chest 2 cm. behind the anterior axillary fold. Direction.-Injury No. (1) direct towards left axilla, inward and upward communicating with injury No. (2). 3.Fire arm wound of enterance 1.5 cm. x 1.5 cm. x chest cavity deep, on left lateral side of chest in 6th intercostal space 8 cm. lateral to left nipple Margins inverted, directed towards right lateral side of chest and continue as. 4.Fire arm wound of exit 2 cm. x 1.5 cm. x chest cavity deep on right lateral side of chest in 11th intercostal space. Margins enverted. Direction. - Fire arm wound of enterance No. (3) direct from left to right slight backward and downward towards injury No. (4). 5. Fire arm wound of enterance 1 cm. x 1 cm. On middle of anterior aspect of left arm 7 cm. above the left elbow joint, muscle deep passing through and through as. 6.Fire arm wound of exit 1.5 cm. x 1.5 cm. x muscle deep through and through communicating with injury No. 5, situated on middle of back of left arm 7 cm. above the elbow joint. Direction.-Injury No. 5 firearm wound is directed straight backward forward injury No. (5)." In internal examination, fractures of body of sternum, left 2nd rib (laterally) and right 11th rib (laterally) were found. Pleura was ruptured. Larynx, Trachea and Bronchi were congested. Lower lobe of right lung as well as middle and upper lobe of left lung were lacerated. Pericardium was ruptured aortic arch was also ruptured. Semi digested rice and pieces of dal about 400 gm. were found in the stomach. Pasty food and gasses were found present in small intestine whereas faeces and faecal material was found in large intestine. Right lobe of liver was ruptured. Spleen and kidneys were congested. According to Dr. Alam, death was caused about one day ago due to internal haemorrhage and shock as a result of ante-mortem fire arm injuries. During investigation, S.I. Babu Singh Sachan recorded the statement of complainant and prepared site plan (Ext. Ka-9) after making spot inspection. Rest investigation was carried out by S.S.I. Satya Narayan Singh, who after completing the investigation, submitted charge-sheet Ext. Ka-11 against the accused Suraj Pal, Naval Kishore and Bakshraj. S.I. Hari Shankar Singh conducted further investigation against the accused-Ram Kishore and submitted charge-sheet Ext. Ka-12 against him on 20.10.1991.
(3.) ON the case being committed to the court of session for trial, charge under Section 302 read with Section 34, I.P.C. was framed against all the four accused-respondents, to which they pleaded not guilty and claimed to be tried. The prosecution in order to prove its case has examined seven witnesses in all. P.W. 1 Ghanshyam is the complainant and eye-witness also. He has proved written report (Ext. Ka-1) in his statement recorded on 12.10.1992. P.W. 2 Lal Singh is also said to be the eye-witness. P.W. 3 Dr. Sarif Alam had conducted autopsy on the dead body of deceased Sukhram Singh on 23.4.1991 at 4.05 p.m. P.W. 4 S.I. Nand Kishore had gone to the place of incident alongwith S.I. Babu Singh Sachan and other police personnel on getting information regarding murder of Sukhram. P.W. 5 Mahi Pal Singh is the dead body carrier. P.W. 6 S.I. Babu Singh Sachan is the first Investigating Officer. He has proved inquest report Ext. Ka-3 and other documents Ext. Ka-4 to 12, which have been mentioned above. P.W. 7 Constable Ram Manohar Singh is the scribe of chik F.I.R. Ext. Ka-13, which has been proved by him alongwith copy of G. D. No. 41 (Ext. Ka-14).;