- (1.) R. K. Rastogi, J. Both these appeals have been filed against the judgment and order dated 5. 10. 1998 passed by Sri R. K. Gupta III Addl. District and Sessions Judge, Etawah in S. T. No. 26 of 1997, State v. Ramanand and others under sections 302/34, 307/34, 366 and 376 I. P. C. , P. S, Phaphoond then District Etawah at present District Auraiya.
(2.) RAMANAND, appellants No. 1 is common in both the appeals. Pramod alias Guddu who is appellant No 2 in Criminal appeal No. 2249 of 1998 is appellant No. 3 in Criminal Appeal No. 2364 of 1998. Rama Kant is appellant No. 2 in Criminal appeal No. 2364 of 1998. Pramod alias Guddu (Appellant No. 2 in Criminal appeal No. 2249/98 and appellant No. 3 in Criminal appeal No. 2364/98) died during pendency of the appeals. Thus both the appeals stood abated so far as Pramod alias Guudu is concerned. All the three appellants were convicted in the aforesaid sessions trial and sentenced to life imprisonment under sections 302/34 I. P. C. , to ten years R. I. under section 307/34 I. P. C. and to seven years R. I. under section 366 I. P. C. Accused RAMANAND and Guddu alias Pramod were also convicted under section 376 I. P. C. and sentenced to 10 years R. I. After conviction RAMANAND and Guddu alias Pramod filed Criminal Appeal No. 2249 of 1998 challenging the above judgement and order and thereafter they also joined Ramakant in filing Criminal Appeal No. 2364 of 1998. Since the learned Counsel through whom the appellants had filed their appeals did not appear to argue these appeals, Sri Harish Chandra Tiwari Advocate was appointed as amicus curiae for Ramanand. It may be mentioned that Ramanand had requested that since he is a poor man an amicus curiae should be provided to him to argue his case. Sri Harish Chandra Tiwari was also appointed as amicus curiae of Ramakant in Criminal Appeal No. 2364 of 1998. The facts relevant for disposal of these appeals are that on 30. 8. 1996 at 3. 05 A. M. Rajnish Kumar son of Mulayam Singh Jatav resident of village Dashahra, P. S. Phaphoond District Etawah lodged a F. I. R. with these allegations that Ramanand, Guddu alias Pramod and Ramakant were friends of his brother Bobi and they used to visit his house along with Bobi Ramanand developed illicit relation with his sister Guddi. When he came to know about this fact, he performed marriage of Guddi, who was aged about 20 years, in the month of May at village Hari Ka Nagia, P. S. Chaubiya. Guddi had come to his house from her in- law's home one day prior to festival of Rakshabandhan. On 29. 8. 1996 at about 7 P. M. Ramanand was trying to meet Guddi. Rajnish Kumar objected to it, then Ramanand felt aggrieved and'at about 8 P. M. the aforesaid three accused persons and one Kallu having country made pistols in their hands reached in front of the door of the house of Rajnish Kumar. Rajnish Kumar and his family members were sitting on a Chabutra below a Neem tree in front of their house. There was light of a lamp. Ramanand exhorted "aaj Salon Ko Dckh Lenge Bach Nahin Paoge". Then all the above named four accused persons fired from their pistols. His father Mulayam Singh received fire arm injuries on his chest and on right hand. Consequently he fell down. Bobi alias Manish received fire arm injury on his chest and he also fell down. Then Rajnish Kumar shouted for help. On hearing the noise and sound of fire, Guddi came out of the house. Then the accused forcibly caught hold of her and abducted her. This incident was witnessed by Rajnish Kumar, his mother Ram Kumari and brother Chhotu. A large number of villagers also reached there and they saw the incident. Mulayam Singh died as a result of fire arm injuries. Thereafter Rajnish Kumar took his injured brother to Achhalda and then he went to the police station Phaphund and lodged the F. I. R. He further stated that since, after the incident, rains had started, so he could not go any where during rains, and when rains stopped, he proceeded towards the police station. On the basis of above report, the police registered Case Crime No. 130/96 under sections 302,307 and 366 I. P. C. against all four the accused persons.
(3.) THE Injuries of Manish Kumar alias Bobi were medically examined on 30. 8. 1996 at 7 A. M. in P. H. C Bidhuna Etawah. He had a central gun shot wound size 1. 5 cm. x 0. 7 cm. x 0. 5 cm. Depth visible muscle deep on chest 4 cm. medial to the right nipple. THE central wound was surrounded by multiple gun shot wounds lying scattered in area 14 cm. x 13 cm on chest these gun shots were 52 in number size 0. 5 cm. in diameter x tissue deep circular and 0. 4 cm. in diameter x tissue deep circular in shape. Manish also had one more gun shot wound on anterior aspect of right upper arm 17 cm. below the top of shoulder size 0. 4 cm. in diameter x tissue deep, circular in shape. Clotted and dry blood was present on wounds. The pulse was 96 p. m. and B. P. was 110/70 MM. Injuries were kept under observation and referred to District Hospital Etawah for X-ray of chest to detect presence of shots and further treatment. The injuries were caused by fire arm in the opinion of the doctor and were about half day old.;