- (1.) VINOD Prasad, J. Prakash Chandra, Rajendra, Tara Chandra, Rajau alias Raja Ram, Ram Raj and Bhanu Prakash, the six appellants have questioned their conviction under Sections 148, 302/149, I. P. C. and sentences for two years R. I. and life imprisonment respectively passed by IInd Additional District and Sessions Judge, Fatehpur on 31-5-1982 in Sessions Trial No. 222 of 1979, State v. Prakash Chandra and Ors. .
(2.) OUT of the aforesaid appellants, appellant No. 1 Prakash Chandra, appellant No. 2 Rajendra and appellant No. 3 Tara Chandra had died and therefore, their appeal was abated by us on 20-4-2007. This leaves us to decide the appeal filed by appellants Nos. 4 to 6, namely, Rajau alias Raja Ram, Ram Raj and Bhanu Prakash. The prosecution allegations against the appellants are that Surendra Singh, informant alongwith his father Virendra Singh (deceased), his relatives Kamal Singh, Punni Singh and Rakshpal Singh were returning to their house after getting the check valve of the tube-well repaired on 6-11-1978 at 12. 30 p. m. when at the boundary of the field of Krishna Naryan alias Jhallar Maharaj a fire was made at them from the adjacent field of Sita Ram Murai. Informant and other persons took to their heels towards village. From the field of Sita Ram Murai aforesaid six appellants Prakash Chandra, Rajendra, Tara Chandra, Rajau alias Raja Ram, Ram Raj and Bhanu Prakash all armed with guns came out and at the instigation of Virendra Singh, they all started shooting at the prosecution party. Virendra Singh received gunshot injuries and fell down in the field of Jhallar Maharaj. Informant and other witnesses shrieked for help but they dare not go near Virendra Singh because of fear. Appellant Prakash Chandra (since dead) from a close range shot dead Virendra Singh. The accused persons during the incident continued to threaten the witnesses to murder them if they tried to intervened. After murdering Virendra Singh, accused persons (the three surviving and three deceased appellants) made their escape good towards south. Informant with the help of other witnesses brought the corpse of his father to his house. The motive for the incident was alleged to be the erection of a wall on the land adjacent to the plot of wife of Shekhain by Prakash Chandra, the dead appellant regarding which there was triadic altercation between dead appellant Prakash Chandra accused and the informant side. Informant scribed the F. I. R. Ex. Ka-1 and after a covering a distance of 5 Kms, south lodged it at police station Khakhreru at 4. 00 p. m. that day as Crime No. 161 of 1978, under Sections 147, 148, 149 and 302/34, I. P. C. Shiv Bhavan Mishra, Constable, prepared the chik F. I. R. , Ex. Ka-22 and prepared its G. D. Sub Inspector N. U. Siddiqui, P. W. 5 started the investigation, recorded the statement of Shiv Bhavan Mishra Constable and H. C. Ram Kripal and then proceeded for the spot at 4. 45 p. m. and reached their at 5. 45 p. m. Because of darkness he did not conduct the inquest but recorded the statements of informant, Surendra Singh and other witnesses Kamal Singh, Punni Singh etc. He also raided the house of the appellants for arresting them but they were absconding. On 7-11- 1978 at 9. 00 a. m. he conducted the inquest on the dead-body of Virendra Singh (Ex. Ka-3) prepared other relevant papers photo nash, challan nash etc. , Ex. Ka-4 to Ex. Ka-7 and then handed over the dead-body to Constable Girja Shanker Mishra P. W. 6, for being carried to the mortuary. Meanwhile, S. O. Shiv Kumar Singh, P. S. Khakhreru reached on the spot and took up the investigation. After completing the investigation the Investigation Officer submitted a charge-sheet against all the appellants, who were tried by IInd Additional District and Sessions Judge, Fatehpur vide Sessions Trial No. 222 of 1979, State v. Prakash Chandra and Ors. The trial Judge framed the charges against the appellants on 31-8-1981, under Sections 148 and 302/149, I. P. C.
(3.) THE post-mortem report of the dead-body of the deceased was performed on 8-11-1978 at 1. 00 p. m. by doctor B. K. Agrawal, P. W. 4 who found following injuries on it : 1. One gunshot wd. On entry 1/4" x 1/4" x brain deep on the (R) side back (paper Torn) 1-1/2" behind (R) ear. Margin inverted, Blackening and Tattooing absent. 2. One gunshot wd. of entry 1" x 1" x chest cavity deep on the front of chest 1-3/4" away from left nipple at the same level. Margin inverted, Blackening and Tattooing present. Direction for front to back. 3. Multiple gun shot wds. of entry 1/8" x 1/8" x abdominal cavity deep on the left side abdomen in an area of 6" x 5" and 3" above (L) iliac crest. Margin inverted, Blackening and Tattooing absent. Direction left to right. 4. One nun shot wd. of entry 1/2" x 1/2" x muscle deep on the front of (L) thigh 5" below left anterior superior iliac spine, Blackening and Tattooing present. Margin inverted, Direction from below upwards. 5. One gunshot wd. of exit 3/4" x 3/4" x muscle deep on the left back in middle 2" away from midline and 3" above post superior iliac spine. Margin everted, Blackening and Tattooing absent. On the internal examination he found Haemetoma under injury No. 1 and bullets embedded on the brain of the deceased with fractured of 4th rib. In the pleura and left lungs multiple wads were discovered. The doctor also discovered five big shots from left back scapular region of the deceased. In the estimations of the doctor the cause of the death of the deceased was shock and haemorrhage because of the sustained injuries.;