- (1.) R. N. Misra, J. Since both the aforesaid criminal appeals are connected with, same case, therefore, they are being disposed of together by a common judgment, which is being passed in Criminal Appeal No. 2753 of 1999.
(2.) THESE appeals have been preferred by the appellants against the judgment and order dated 6. 9. 1999, passed by Sri N. L. Saxena, the then 1st Additional Sessions Judge, Mathura in S. T. No. 375 of 1992, by which the appellants have been convicted for the offence, punishable under section 302 read with section 149 I. P. C and sentenced to undergo life imprisonment and fine Rs. 5000/- each. In default of payment of fine, they shall undergo, additional R. I. for one year. They have further been convicted for the offence, punishable under section 148 I. P. C. and sentenced to undergo R. I. for two years. They have further been convicted for the offence, punishable under section 324 read with section 149 I. P. C and sentenced to undergo R. I. for two years. All the sentences have been ordered to run concurrently. The facts giving rise to this case are as under: According to the prosecution case, the complainant-informant Swadesh Kumar and the accused-appellants are residents of village Rasmai (Nasirpur), P. S. Sadabad, the then district Mathura (now district Hathras ). There was enmity between the parties. On 19. 1. 1992, the appellant Vimal Pratap Singh spitted on Subodh Kumar (one of the deceased) with intent to cause insult to him and on this, some altercations took place between them. Subodh Kumar was an old man. He asked Vimal Pratap why he had spitted on him, who was like his father in age. Subodh Kumar further rebuked him and asked him to spit on his own father. This incident created bad-blood in the mind of Vimal Pratap and his family members and consequent to that incident, the accused appellants Ajai Pratap Singh, Shiv Pratap Singh, Shyam Pratap Singh, Vimal Pratap Singh, Smt. Krishna and Smt. Madhu came to the house of complainant-informant on 20. 1. 1992 at about 7. 00 A. M. The appellant Ajay Pratap Singh h ' spear, Shyam Pratap Singh had knife, Shiv Pratap Singh had Khukhari (a pointed weapon), Vimal Pratap Singh had knife and Smt. Krishna and Smt. Madhu had Daranti (sickle) in their hands. Their intention was to kill Subodh Kumar and his family members. As soon as they reached the house of complainant-informant, they attacked the family members and killed Rajesh Kumar, Subodh Kumar, Ram Pratap Singh and Smt. Ramkali by assaulting them by their respective weapons. The other family members, lal Sahab, Brij Raj and Anurag Singh alias Boby wanted to intervene, but they were also assaulted by the appellants.-The accused Shiv Pratap Singh was a constable in Assam Rifle, who had come to his house on leave. Onkar Singh, who was maternal uncle of the complainant-informant was also present at the time of incident. He had also seen the occurrence. Madan Pal and Anurudh Pratap Singh, the tenants of the complainant-informant had also seen the said occurrence. The complainant Swadesh Kumar, lodged the F. I. R Ext. Ka-1 at the police station Sadabad on the same day at 8. 15 A. M. The chik is ext. Ka-4. The police registered a case on crime No. 20 of 1992 as is evident from the copy of G. D. Ext. Ka-5 and started investigation. The Investigating Officer visited the spot, inspected the dead bodies, prepared inquest reports and other papers and sent them for autopsy. The inquest report of deceased Ram Pratap Singh is Ext. 'ka-13, Rajesh Kumar is Ext. Ka-14, Smt. Ramkali is Ext. Ka-15 and Subodh Kumar Singh is Ext. Ka-16. The other papers like challan, photo of dead bodies, letter etc. are Ext. Ka-17 to Ka 28. The post-mortem reports of deceased Subodh Kumar, Smt. Ramkali, Rajesh Kumar and Ram Pratap Singh are Ext. Ka-8 to Ka-11 respectively. The injured persons were sent to Primary Health Centre, Sadabad for medical examination. The medical report of lal Sahab is Ext. Ka-2, Brij Raj Ext. Ka-3 and Anurag Singh Ext. Ka-12. The Investigating Officer inspected the place of occurrence and prepared site plan Ext. Ka-34. He also took blood stained and sample mud from the places, where the dead bodies of four deceased were lying and those memoes are Ext. Ka-29 to 32. During attachment of property of accused Ajai Pratap Singh, the police found blood stained 'ballam' from his house, which was used in the crime. The police prepared its memo Ext. Ka-33. The blood stained clothes of injured lal Sahab and Brij Raj were also taken by the police and had prepared memo Ext. Ka-35. The blood stained articles were sent to the chemical examiner, report of which is Ext. Ka-37. The Investigating Officer recorded statements of witnesses and collected all possible evidence and submitted charge sheet against the accused-appellants.
(3.) THE accused persons were charged for the offences, punishable under sections 148, 302, 324 all read with section 149 I. P. C. THEy denied the charges levelled against them and alleged their false implications in this case. THE accused Shiv Pratap Singh has stated under section 313 Cr. P. C. that lal Sahab and others had assaulted him. He sustained injuries and in his defence, he also inflicted injuries to them. THE accused Vimal Pratap Singh, Ajay Pratap Singh and Smt. Madhu also took same defence. THE accused Smt. Krishna has stated that she was not present on the spot. THE accused Shiv Pratap Singh has stated that lal Sahab and others had assaulted him but he had not assaulted to them. In support of their defence, the accused appellants have produced Dr. Ghanshyam Singh DW-1, Dr. Qamar Ahmad DW-2, Dr. S. C. Sharma DW-3 and Dr. R. C. Jain DW-4. Dr. Ghanshyam Singh has proved Ext. Kha-1, the injury report of Smt. Madhu, which was examined by him on 26. 1. 1992 at 10. 00 A. M in Malkhan Singh Hospital, Aligarh. DW-2 Dr. Qamar Ahmad had made X-ray of Smt. Madhu and has proved X-ray report Ext. Kha-2. Dr. S. C. Sharma has proved injuries of Shiv Pratap Singh examined on 22. 1. 1992 at about 7. 20 P. M. The Injury report is Ext. Kha-3. He has also proved injury report of Ajai Pratap Singh, Ext. Kha-6. Dr. R. C. Jain has proved X-ray report of Shiv Pratap Singh, Ext. Kha-7. He has also proved X-ray plate Ext. Kha-8.;