D.S.BAJPAI, J. - (1.) ACCUSED Atar Singh, Mohar Singh, Lai Singh, Ramesh and Jai Singh have come up in appeal before this Court against the judgment and order dated 21 -3 -1986 passed by the Special Judge, Budaun in Sessions Trial No. 345 of 1984 in which the accused Atar Singh, Mohar Singh, Lai Singh and Ramesh were convicted and sentenced to undergo two years' R. I. under section 148 IPC. Atar Singh, Mohar Singh and Ramesh were further convicted and sentenced to capital punishment of being hanged by neck till they were dead under section 302 read with section 149 IPC for the murders of Shyampal and Jumman. Accused Lal Singh was convicted and sentenced to undergo capital punishment of being hanged by neck till he was dead under section 302 IPC for the murder of Jumman and under section 302 read with section 149 IPC for the murder of Shyampal. Accused Jai Singh was convicted and sentenced to undergo one year's R. I. under section 147 IPC and life imprisonment under section 302 IPC read with section 149 IPC and the sentences were directed to run concurrently.
(2.) ALONG with the appeal reference for confirmation of the death sentences has also come up before us.
(3.) IT is stated that on the night of 7/8 -8 -1984 at about 1.30 a.m., the two deceased Shyampal and Jumman were sleeping alongwith some other persons in front of the chaupal of Soran when the accused attacked Shyampal and thereafter Jumman was also attacked. The accused Jai Singh was alleged to have been armed with lathi while accused Atar Singh, Mohar Singh and Ramesh were said to have been armed with spears Accused Lai Singh was in possession of a country made pistol (katta) and he is said to have used this tire arm in the alleged murder. The first information report about the incident is stated to have been lodged by Shyampal himself at the police station Qadar Chowk, district Budaun at about 9.30 a.m. on the following morning i;e. the morning of 8th August, 1984. Thereafter Shyampal was examined by the Medical Officer In -charge of Primary Health Centre, Qadar Chowk at about 11.30 a.m. who gave an injury report which is on record. This injury report, amongst others, states two fire arm injuries one at serial No. 3 as fire -arm wound of entry 8 cm. x 5 cm. x cavity deep on the outer aspect right upper arm, surrounded by blackening and tattooing and the other at item no. 4 indicating wound of exit 1.5 cm. x 1.0 cm. x cavity deep on the back aspect of the right upper arm. Thereafter on the advice of the Medical Officer In -charge of the Primary Health Centre, Qadar Chowk, Shyampal, who had examined him, was referred to the District Hospital, Budaun for specialised treatment. The other deceased Jumman is stated to have died instantaneously on receiving a fire -arm shot from the country made pistol used by Lai Singh. The narration of the events as stated in the first information report given by Shyampal is precise. It indicates facts about long standing enmity with the accused and states that at about 1.00 a.m. on the fateful night when Shyampal was sleeping on the chaupal of Soran on a 'Charpai' alongwith Irman son of Bhopal, Jalim son of Maiku and Jumman son of Sundar, the accused are stated to have come and accosted Shyampal saying that he should better come to senses and in the meantime Mohar Singh, Ramesh and Atar Singh started 10 attack him with spears aud on his making a noise, Jumman who was sleeping by the side of his cot on another cot got up and he started challenging all of them, when Lai Singh shot Jumman with his country made pistol, which he was holding in his hand and he instantaneously fell on the spot after being injured. Thereafter, it is stated that another shot was fired by Lal Singh on Shyampal saying that he would kill him and would not let him survive. The first information report further states that Jai Singh was standing with a lathi and the persons sleeping nearby woke up hearing the noise and challenged the accused persons. Then the accused persons after the 'marpit' ran away on the eastern side of the village towards 'Nagla'. Jumman, it is stated, died and his dead body was placed in the chaupal in a hut nearby belonging to him. It is also stated that Shyampal during the course of the 'marpit' snatched a 'bhala' from the hands of Ramesh. The first information report is said to have been dictated by Shyampal to one Sheo Singh, PW 3 somewhere near the police station Qadar Chowk and thereafter a chick was prepared by Ram Vir Singh PW 6, Head Moharrir of the police station concerned. On the report being lodged, the investigation was taken over by the Qadar Chowk police and the accused were put for trial.;