- (1.) These appeals are directed against the judgment and order dated 6.8.2005 passed by the Additional Sessions Judge, Court No. 10 Ghaziabad in S.T. No. 348 of 1998 whereby all the appellants have been convicted under Sections 148, 302/149 I.P.C. and sentenced to R.I. for one year under Section 148 I.P.C. and sentenced to life imprisonment under Section 302/149 I.P.C. and fine of Rs. 10,000/- each and in default of payment of fine further imprisonment for six months. All the sentences were directed to run concurrently.
(2.) The brief facts of the case mentioned in the first information report lodged by Om Prakash at police station Vijay Nagar, Ghaziabad are that Indrajeet, Amar Singh, Sighraj Singh, Omi and his; brother Veer Singh were working in Rathi Sariya Mill. He had come to meet his brother Veer singh in connection with an important work. After the duty was over they were coming to catch a Train at the Railway Station but they failed to board the Train and they had taken their meal in a Hotel. They were coming towards By-pass to catch a Truck. At about 10:30 p.m. when they reached in front of Bhoot Bharat Nagar Railway Club one person collided with Veer Singh and Veer Singh had told him to be careful on road. That person started Marpeet and his brother and Indrajeet had also quarreled with him. He raised an alarm and called Jony, Ranjan, Sonu, Rajesh, Raju and Boby and said whether they will get him killed. One of them said what is the matter Dharampal, we are coming, these persons came carrying knife and Gupti and started assaulting. His brother fell and died and Indrajeet was lying in an injured condition. He ran away to save his life and reached at the police station. The report was registered at 11.25 p. m. on 29.9.1998, the distance of the police station was one and a half km. After the registration of the case S.I. C.G. Goswami commenced investigation. On 30.9.1997 he reached at the place of occurrence and recorded the statement of the informant and also prepared a site plan, which is Ext. Ka-6. He also recorded the statement of Ganga Ram and Om Prakash. He instructed S.I. M.M. Chaturvedi to prepare the inquest memo. He had arrested Raju Valmiki, Sonu Valmiki, Rajesh Jatav and Boby. On the pointing out of Sonu a knife was recovered. On 1.10.1997 he had arrested Dharam Pal. On 4.10.1997 he recorded the statement of Amar Singh, Omi and Ganga Ram. On 5.10.1997 he had recorded the statement of Om Prakash, Bhanwar Singh, Fateh Singh, Siya ram, Veer Singh and Narendra. On 6.10.1997 he had arrested Rajjan. Indrajeet was declared brought dead in the Hospital. After the investigation he submitted charge sheet which is Ex. K.a-7.
(3.) The autopsies on the dead bodies of the deceased were conducted by Dr. Ajay Agarwal. He noted following ante mortem injuries on the dead body of Veer Singh: 1 I.W. 3 cm. x .5 cm., 8 cm. from right nipple 2 I.W. 3 cm. x 1 cm., 1 cm. from injury No. 1 3 I.W. 1 cm. x 1 cm., on right iliac back 4 I.W. 2 cm. x .5 cm., 11 cm. from left nipple 5 Swelling 8 cm. x 5 cm. on left occipital region In the internal examination he found Haematoma in the membrance, V, VIth rib fractured, Pleura full of blood, right lung lacerated, blood was present in peritoneum. 150 gm. flued was found in the stomach and in his opinion cause of death was due to shock.;