R.C.Deepak, J. - (1.) The present criminal appeal has been filed by Kamta Singh, Babu Ram, Chotey Lai, Swami Dayal, Sobaran, Hari Ram, Ranvir, Raghubir, Rajendra, Ram Shankar, Mahesh and Vishram against the judgment and order dated 10.4.1987 passed by Sri R.L. Ojha, Special Additional District & Sessions Judge, Hardoi in Sessions Trial No. 548 of 1984 whereby he convicted the accused- appellants Babu Ram, Chotey Lal, Hari Ram, Ranvir, Rajendra, Vishram, Ram Shankar and Mahesh under section 302/149, 148, 324 IPC and sentenced them to undergo imprisonment for life, two years and 11/2 years respectively and accused-appellants Kamta Singh, Swami Dayal, Sobaran and Raghubir under sections 302/149, 147, 324/149 IPC and sentenced them to imprisonment for life, one year and 11/2 years respectively. The accused-appellants Kamta Singh, Chotey Lal and Sobaran (appellants No. 1, 3 & 5) died during the pendency of their appeal. Their appeal stood abated vide order dated 31.7.2007 of this Court. The facts, in brief, of the case are that the informant/ complainant Asha Ram (Chhabinath and Gautam - deceased), injured Kalyan Singh, Amar Singh, Lala Ram, Inder Dayal, Jagdish, Nirmal Singh and Surender Singh are the resident of village Vrindavan, majra Savaijpur, Police Station Lonar, District Hardoi whereas the accused-appellants Kamta Singh, Babu Ram, Chotey Lal, Swami Dayal, Sobaran, Hari Ram, Ranvir, Raghubir, Rajendra, Ram Shankar, Mahesh and Vishram reside at village Sanjhara, police station Harpalpur, District Hardoi. Asha Ram and Gautam are said to have purchased eighteen beeghas kaccha land situated at village Sanjhara from Visheshwar Bux Singh. Kamta Singh had his agricultural land adjacent to this purchased land. Kamta Singh is alleged to have claimed three beeghas and of his own from a part of this purchased land and in regard to this piece of land, some quarrel had also taken place between Kamta Singh and complainant party, as a consequent a Panchayat was organised to settle the dispute and it was decided therein that no party will plough this piece of land i.e. three beeghas and it shall be left unploughed till its demarcation by the lekhpal.
(2.) It is alleged that on 15.1.1984 at about 11:00 a.m., Kamta Singh was getting this part of land being ploughed by engaging three pairs of bullocks. When the complainant party came to know this aggressive act of Kamta Singh, they took lathis and dandas in their hands for their safety, as they apprehend to be assaulted by Kamta Singh and his party men, reached the field and asked Kamta Singh why he was getting the field being ploughed when there was no measurement/demarcation, as was decided in the Panchayat, upon which Kamta Singh abused and threatened them to run away from there otherwise they will face dire consequences. During the course of exchange of heated words / conversation, the accused-appellants Babu Ram, Chotey Lal, Hari Ram, Ranvir, Rajendra, Ram Shankar, Mahesh and Vishram armed with guns and accused-appellants Swami Dayal, Sobaran and Raghubir with lathis arrived there. Kamta Singh exhorted them (accused-appellants) to assault the prosecution party, that they would not be permitted to escape from there, as these people of village Vrindavan had come here to fight. Seeing the arrival of accused appellants holding deadly weapons in their hands, the prosecution party started to run away from there, but at the exhortion of Kamta Singh, the accused-appellant Hari Ram caused firearm injuries upon the person of Chhabinath, who fell on the ground. Thereafter, all the persons armed with firearms resorted to firing and caused injuries to Chhabinath, Amar Singh, Gautam, Lala Ram, Jagdish, Kalyan Singh, Inder Dayal and Nirmal Singh. Surender Singh sustained, lathi injuries on his person. There was a stampede on the hue and cry and the fusillade over there. Several persons of village Vrindavan rushed to the place of occurrence. The accused-appellants threatened and ran away towards village Sanjhara. The seriously injured persons were carried to the village and a vehicle was being managed to carry them to hospital, but Chhabinath died of the injuries in the village itself. Leaving the dead body of Chhabinath there, the informant and injured went to the police station by tractor. Asha Ram, the informant got an application (Ext. Ka-1) prepared by Munna Lal disclosing these facts /allegations and submitted it at the police station Harpalpur, on the basis of which a case as crime case No. 6 of 1984 under sections 147, 148, 149, 307 and 302 IPC was registered there at 1:30 p.m. against the accused. The distance of the police station being 7 miles. The copy of the Chik Report is Ext. Ka-21. The investigation into the case was entrusted to Chandra Shekhar Srivastava (P.W.4), who recorded the statement of Gautam (deceased) at the police station and the injured persons were sent to the hospital for the repair of their injuries and medical examination. Since Gautam was seriously injured, he died in the way to hospital. The inquest on the body of Gautam was performed by Vinod Chauhan (P.W.7). The inquest report is Ext. Ka-28. He sent the dead body in a sealed cover for postmortem examination.
(3.) Dr. P.K. Gangwar (P.W.3) performed the autopsy on the body of Gautam on 16.1.1984 at about 4:00 p.m. He found the following injuries on his person, as disclosed in his postmortem examination report (Ext. Ka-3): (i) Multiple firearm wound of entry in area of 18 cm. x 10 cm. on the front of Rt. Arm and Rt. Forearm, 16 cm. below Ri. Shoulder and 15 cm. above wrist joint each size .25 cm. x .25 cm. x muscle deep. (ii) One firearm wound of entry .25 cm. x .25 cm. x skin to muscle deep on Rt. side of chest 2 cm. below Rt. Clavicle. (iii) Multiple firearm wound of entry on chest and abdomen in area of 47 cm. x .25 cm. Ext. from External notch to pubic symphosis and Right iliac spin both side to upper of both side each size .25 cm. x .25 cm. x chest and abdomen cavity deep. (iv) Multiple firearm wound of entry 13 x 6 cm. on front of Rt. Upper 1 /3 thigh each size .25 cm. x .25 cm. x muscle deep. (v) A firearm wound of entry .25 cm. x .25 cm. x skin deep on the top of Rt. Shoulder. Note : Margins of all the wounds are inverted, lacerated and direction is front to back. Internal Examination: The 5th and 6th ribs of right side had been fractured. Pleura was lacerated and contained 200 cc of clotted blood. Right and left lungs were lacerated. Peritoneum was lacerated. Heart was also lacerated at one place in lower apex in muscle. Peritoneum was lacerated. Abdomen cavity contained 100 cc of clotted blood, mixed with faecal matter. Small intestine lacerated at two places. Large intestine contained faecal matter and gas. Gall bladder was also lacerated at one place. The bladder was empty.;