- (1.) SAROJ Bala, J. These criminal appeals having arisen out of the judgment and order dated October 30, 2000 passed by the 1st Additional Sessions Judge, Ali-garh in Sessions Trial No. 855 of 1997, State v. Jaswant Singh and others whereby convicting and sentencing all the appellants for the offence punishable under section 302 read with section 149 I. P. C. and sentencing them with rigorous imprisonment for life and fine of Rs. 5000/- each and in default to undergo rigorous imprisonment for one year, are being decided by a common order.
(2.) THE facts giving rise to these appeals are : Ramswaroop alias Neksay son of Pitambar r/o village Parora disappeared twenty days before the incident and his family members suspected the hand of Anand Pal son of Gokul Singh first informant's nephew (one of the deceased) in his missing. On March 25, 1997 at about 10 A. M. Anand Pal his brother Ramveer, and son Satyaveer were irrigating their fields. At the same time all the accused-appellants except appellant Jaswant Singh reached there and catching hold of Anand Pal and Ram veer proceeded towards the village. Satyaveer and Sunder Singh followed them. THE appellant Bhoora alias Bhudev son of Neksay with the help of co-accused appellants tied Anand Pal with the Neem tree situated in front of his house. When Ramswaroop and Kunwarpal protested, the accused-appellant Jaswant, present there since before, opened fire at Anand Pal and appellant Prempal gave a spade blow and he died instantaneously. Ram-veer was subjected to brutal assault by all the appellants with bricks. When Gokul Singh father of Anand Pal tried to intervene he was subjected to assault by the appellants with bricks. THE first informant Sunder Singh (P. W. I) got scribed the written report (Ext. Ka-1) of the incident from Asadullah Khan and laid it at P. S. Barla on 25. 3. 1997 at 12. 30 P. M. On the basis of the written report chick F. I. R. (Ext. Ka-28) was prepared and crime was registered at serial number 11 of the general diary at 12. 30 P. M. on 25. 3. 1997 Ext. Ka-29 ). The injured Ramveer was medically examined by Dr. Qamar Ahmad (P. W. 4) on 25. 3. 1997 at 1. 15 P. M. and L. W. 7 cm. x 1 cm. x bone deep on left side head, L. W. 3 cm. x 1 cm. x bone deep at the chin with fracture of mandible, contusion 6 cm. x 4 cm. on left side of face and contusion 4 cm. x 3 cm. on top of head were found. Injuries were caused by blunt object and kept under observation. The injury report is (Ext. Ka-5 ). He succumbed to the injuries at M. S. District Hospital Aligarh on 26. 3. 1997 at 12. 30 A. M. The injured Gokul Singh also succumbed to the critical injuries the same day. The inquest on the dead body of Anand Pal was conducted at the spot on 25. 3. 1997 by S. I. Arsad Ali Tomar (P. W. 5 ). The inquest memo is (Ext. Ka-6 ). The chal-lan-lash (Ext. Ka-7), photolash (Ext. Ka-8), report to C. M. O. (Ext. Ka-9) and specimen seal (Ext. Ka-10) were prepared during the course of inquest and the dead body in sealed bundle with papers was sent to mortuary. The inquest on the dead body of Gokul Singh was conducted by S. I. Ranvir Nagar (P. W.-6) on 26. 3. 1997. The inquest memo is (Ext. Ka-11 ). The letter to R. I. (Ext. Ka-12), letter to C. M. O. (Ext. Ka-13), photo-lash (Ext. Ka. 14 ). Challanlash (Ext. Ka-15), specimen seal (Ext. Ka 16) were prepared and sealed bundle containing the dead body along with papers was handed over to the constables for transportation to the mortuary. He conducted inquest on the dead body of Ramveer the same day. The inquest memo is Ext. Ka-17. He prepared form No. 33 (Ext. Ka-18), challanlash (Ext. Ka-19), photolash (Ext. Ka-20), letters to R. I. and C. M. O. (Ext. Ka-21 and Ext. Ka-22) and specimen seal during the course of inquest. After completion of inquest the dead body in sealed bundle was sent to the mortuary.
(3.) THE autopsy on the dead bodies of Anand Pal, Ramveer and Gokul Singh was conducted on 26. 3. 1997 by Dr. R. K. Mittal (P. W. 3) and their post-mortem certificates are (Exts. Ka-2, Ka-3 and Ka-4 ). On the person of deceased Anand Pal ante mortem injuries namely abrasion 1 cm. x 1 cm. front right side chest 4 cm. below right nipple, incised wound 8 cm. x 1 cm. x bone deep just below chin in midline and gun shot wound of entry with blackening 1 cm. x 1 cm. x cavity deep on left side neck, oblique upwards into brain cavity, upper part of neck 5 cm. behind left ear with fracture of left temporal bone were found. One metallic bullet was recovered from brain. THE death was caused due to shock and haemorrhage as a result of ante mortem injuries. On the person of deceased Ramveer ante-mortem injuries stitched wound 5 cm. long with 3 stitches left side forehead vertical, I. W. 3 cm x 1/2 cm. x muscle deep lower part of left eyelid, stitched wound 2 cm. long with 2 stitches below left side chin with fracture of frontal and temporal bones were found. The brain and membranes were congested. Blood clot was found under injury No. 1 on left side. The cause of death was shock and haemorrhage as a result of ante-mortem injuries.;