- (1.) IMTIYAZ Murtaza, J. The above bunch of appeals has been assigned to this Court for rehearing and decision afresh pursuant to an order passed by the Apex Court in Criminal Appeal Nos. 727 and 729 of 1998 whereby the judgment and order rendered by a Division Bench of this Court acquitting the accused persons was set aside and the matter was relegated to this Court for rehearing.
(2.) IT would appear that the above appeals stemming from a composite judgment were preferred in this Court assailing the judgment and order dated 18. 4. 1996 passed by 3rd Addl. Sessions Judge Muzaffarnagar in S. T. No. 72 of 1985 whereby the appellants Veer Singh, Tahal Singh, Amrik Singh, Kameer Singh and Balkar Singh were convicted under section 302 read with section 149 IPC and sentenced with death penalties. They were further convicted under section 307/149 IPC and sentenced to undergo R. I. for a period of 6 years, attended with further conviction under section 452 IPC and sentence to undergo R. I. for 4 years. The appellants Veer Singh, Tahal Singh and Balkar Singh were further convicted under section 148 IPC and sentenced to undergo R. I. for 2 years while Kameer Singh and Amreek Singh were further convicted under section 147 IPC and sentenced to undergo R. I. for one year. Government Appeal aforesaid was also filed assailing the judgment and order of Addl. Sessions Judge aforesaid whereby verdict ending up in acquittal of Hardeep @ Deepa, Sinder Singh and Nishan Singh had been in challenge. The incident is stated to have taken place on 14. 7 1984 at about 12 in the night in village Dogpura District Muzaffarnagar in which in all 12 persons lost their lives and two persons escaped with injuries. The author of FIR is one Sardar Gurdeep Singh resident of village Varna u P. S. Kairana District Muzaffarnagar who as alleged in the FIR was attracted on hearing firing and shrieks coming from the side of the house of Shisha Singh and Mohar Singh of village Dongpur which according to the First Informant is a village adjacent to his village. It is further alleged that the First Informant armed with his licensed gun rushed towards the house of Shisha Singh alongwith Jaswant Singh and Hazoor Singh. Upon getting closer to the place of occurrence, he saw in the moon-lite night and also in the light shed by torches which they took with themselves that Kartar Singh and his son Mahendra Singh were standing at the roof top of the house of Shisha Singh armed with gun and country made pistol respectively and at that time, Kartar Singh was seen igniting attack and exhorting his son Sindra, and Ginder and Mahendra and one Lakkha to slay the entire family of Shisha Singh and Mohar Singh. It is further alleged that the First Informant dared the accused persons who it is further alleged, opened fire upon which the first informant retreated to a safer place. It is further alleged that Harbhajan Kaur wife of Shisha Singh escaped in an injured state to a paddy field nearby with staggering gait and fell down on the ground groaning and revealed to him that the accused persons aforesaid had killed her family members and also members of Mohar Singh's family and sought help from him. Smt. Har Bhajan Kaur was removed to a safer and protective privacy and thereafter, the First Informant alongwith Jaswant Singh proceeded to Police station where he lodged the FIR at about 4. 15 a. m. on 14. 7. 1984. The investigation of the case was taken up by S. I. Mohd. Akhtar who was then posted as S. O. Jhinjhana. After registration of the case, the police party rushed to the spot. The injured were removed for medical examination. The Investigating Officer collected blood stained and plain earth from the place of occurrence and also prepared recovery memo (Ex Ka-25 ). He also collected empty cartridges, bullets wads, pellets turban (Ex. ka-26), mattresses, Ext. ka-27 Pillow, Ex ka-28 ashes Ext. ka-31 and drew site plan Ext. ka-32. The inquest was conducted on the dead bodies and inquest memos (Exts ka-33 to ka 37) were prepared by S. I. Jodhveer Singh and S. I. R. S. Rathore on his direction. Inquest report and relevant papers relating to post-mortem of the dead body of Smt. Bhajan Kaur are Exts. ka-38 to ka-41. Inquest report and the relevant papers relating to the post-mortem of Km. Rano are Exts. ka-42 to Ka-45, Inquest report and relevant papers relating to the post-mortem of the dead body of Km. Kulvindra are Exts. ka-46 to ka-49 Inquest report and relevant papers relating to the post-mortem of the Dead body of Sheesha Singh are Exts. Ka-50 to 53. Inquest report and relevant papers relating to the post-mortem of the dead body of Mohar Singh are Exts. Ka-54 to Ka-57. Inquest report and relevant papers relating to the post-mortem of the dead body of Jogendra Singh are Exts. Ka-58 to Ka-61. Inquest report and relevant papers relating to the post-mortem of the dead body of Ratan Singh are Exts. Ka-62 to 65. Inquest report and relevant papers relating to the post-mortem of the dead body of Autar Singh are Exts. Ka-66 to 69. Inquest report and relevant papers relating to the post-mortem of the dead body of Surjeet Kaur are Exts. Ka-70 to Ka-73. Inquest report and relevant papers relating to the post-mortem of the dead body of Gur-med Singh alias Angrej Singh are Exts. Ka-74 to Ka-77. Inquest report and relevant papers relating to the post-mortem of the dead body of Jassa Singh are Exts. Ka-78 to Ka-81. He had also prepared a letter to R. I. in respect of the deceased persons which is Ext. Ka-82. All the dead bodies were sealed and were entrusted to H. C. Chandrapal Singh, constable Shiv Kumar and constable Naresh Kumar for being taken to the mortuary. On 14. 7. 1984, accused Balkar Singh was arrested and blood stained Kurta was taken into possession under a recovery memo Ext. Ka-84. On his pointing out, a sword was recovered from a field of Chari and a recovery memo was prepared which is Ext. Ka-85. The investigating officer also prepared the site plan of the place of recovery of sword which is Ext. Ka-86. On 15. 7. 1984, the statements of Soran Singh, Mukhtar Singh, Hazoor Singh, Jan Singh and Jassa Singh were recorded. On 16. 7. 1984, the Investigating Officer interrogated the informant Gurdeep Singh and inspected his torch and prepared a fard which is Ext Ka-87. He also recorded the statement of Smt. Harbans Kaur and Bagga alias Ajayab Singh. Accused Sahendra alias Satyendra and Deepa were also arrested and on their pointing out Lathi and Ballam were recovered and he prepared the recovery memo, which is Ext. Ka-20, and site plan Ext. Ka-90. On 5. 8. 1984, Amrik Singh and Nishan Singh were arrested and on the pointing out of Nishan Singh a gun and four cartridges were recovered of which recovery memo, Ext. Ka-17 and the site plan of the place of recovery Ext Ka-92 were prepared. On the pointing out of accused Sahendra a Kulhari was recovered. On the pointing out of accused Sinder a Kulhara was recovered. On the pointing out of Ginder, a blood stained Gandasa was recovered of which Recovery memos Ext. Ka-22 and 23 and site plan of the place of the recovery Ext. Ka-93 were prepared.
(3.) AFTER the investigation was over, charge-sheet was submitted arraying Lakha Singh, Sahendra Singh, Jogendra Singh alias Ginder, Kartar Singh, Tahal Singh, Amrik Singh, Amir Singh, Dheer Singh, Balkar Singh, Sahendra Singh son of Saudagar Singh, Hardeep alias Deepa, Nishan Singh as accused persons. The charge-sheet against accused Mahendra alias Minder, was filed absente reo (abscondence), which is Ext. Ka-94. Medical examination of Smt. Harbans Kaur was conducted on 14. 7. 1984 at 6. 30 A. M. by Dr. Naresh Sharma enumerating following injuries: 1. Incised wound 11. 0 cm. x 1. 5 cm. x bone deep on head, Lt. side, oblique, 6. 5 cm. above Lt. ear. Bleeding-Fresh, sharp, K. U. O. Ad. X-ray. 2. Lacerated wound 1. 2 cm. x 0. 5 cm. x bone deep on Rt. ear, upper part of lobula. Fresh bleeding. K. U. O. Ad. X-ray. 3. Red contusion 7. 0 cm. x 1. 0 cm. on Rt, cheek between injury No. 2 and 4. on face Rt. side. Fresh, Blunt, K. U. P. Ad. X-ray. 4. Lacerated wound 3. 0 cm. x 0. 7 cm. x through and through Rt. cheek with injury on corresponding area on Rt. jaw measuring 3. 0 cm. x 0. 3 cm. x bone deep. Fresh, bleeding. K. U. P Ad. X-ray. 5. Red contusion 20 cm. x 1. 5 cm. on back both side of midline upper third. Fresh, blunt, simple. Multiple lacerated wound in an area of 37. 0 cm. x 28. 0 cm. on chest and abdomen front, both side. Sizes 3. 0 cm. x 0. 7 cm. x not probed and 0. 2 cm. x 0. 2 cm. x muscle deep. Hard pellet like thing felt. Blackening present. Fresh, caused by discharge of firearm. K. U. O. Ad. X-ray.;