- (1.) K. D. Shahi, J. This appeal has been preferred against the judgment and order dated 9-11-1978 passed by Shri B. D. Maurya, the then Additional Sessions Judge, Hamirpur, in Sessions Trial No. 228-A of 1974, whereby appellants Pritam Singh and Niranjan Singh have been con victed under Sections 148, 302, 302/149, 307/149, 323/149 and 307/149 of Indian Penal Code and sentenced to one year's R. I. , imprisonment for life, 3 years' R. I. , 6 months' R. I. and 3 years' R. I. respectively. Appellants Abhai Raj Singh and Nirbhai Singh have been convicted under Sections 148, 302, 302/149, 307/149 323/149 and 307/149 of Indian Penal Code and sen tenced to one year's R. I. imprisonment for life, 3years' R. I. , 6 months' R. I. and3years' R. I. respectively. Appellants Debi Dayal Singh and Shiv Pal Singh have also been convicted under Section 147,302/149,302, 323/149 and 307/149 of Indian Penal Code and sentenced to 6 months' R. I. imprison ment for life, 3 years' R. I. , 6 months R. I. and 3 years' R. I. respectively. Appellant Shiv Pal Singh has further been convicted under Sections 148, 307, 302/149 and 307/149 of Indian Penal Code and sen tenced to one year's R. I. , 3 years' R. I. , imprisonment for life; 3 years' R. I. and 6 months' R. I. respectively. All the senten ces have been directed to run concurrently.
(2.) THE brief facts of the case are that there was old enmity between the complainant side and accused Pritam and a case under Section 107/117 Cr. P. C. was pending. On the side of the complainant Atbal Singh, Baldeo Singh, Mrigraj, Shami Ullah, Maboo Singh were parties while on the side of the accused Pritam Singh, Abhai Raj Singh, Niranjan Singh and Debi Dayal Singh were the parties. On 19-7-1974, the complainant and his son Rajendra Singh and his nephew Mangat Singh were going to Hamirpur to attend the case. THEy were also accompanied by Naseem Ahmad son of Samiullah, Lalloo and Shiv Pal, who were going to Hamirpur for their personal work from village Mawai Jaar. THE complainant and the aforemen tioned persons went up to village Kwasa on foot and from there they boarded a truck and sat towards back side. At about 8. 00 a. m. when they reached village Lalpura, the truck was stopped all of a sudden and the accused persons emerged. Accused Pritam Singh armed with Pharsa, Niranjan Singh armed with Ballam, Abhai Raj Singh armed with Pharsa, Nirbhai Singh armed with Ballam, Debi Dayal Singh armed with lathi and Shiv Pal Singh armed with single barrel gun came there. THEy came towards the back side of the truck. Smelling the danger, the complainant, deceased and other persons came down from the truck. Accused persons exhorted and Shiv Pal Singh fired. On this Mangal Singh ran and caught hold of the gun of Shiv Pal. Accused Pritam Singh attacked Mangal Singh with his Pharsa which hit in the back of the head of Mangal Singh. Mangal Singh started to run. Accused Niranjan Singh attacked Mangal Singh by Ballam and killed him. Accused Abhai Raj Singh, Nirbhai Singh and Devi Dayal at tacked Rajendra Singh and killed himty a Pharsa, Ballam and lathi. When the com plainant and others rushed to save the victim and asked the accused persons not to kill then accused Devi Dayal injured the complainant, Naseem Ahmad and Lalloo by Lathi. THE occurrence was also wit nessed by Chandra Pal Singh Thakur of village Kumahupur. The complainant left the dead bodies of Rajendra Singh and Mangal Singh at the outskirt of village Lalpura under the care of the villagers and went to the police station and lodged the F. I. R. on 19-7-1974 at 10. 15 a. m. The chick report was prepared on the basis of verbal F. I. R. of the complainant. The chick report Ext. Ka-1 was prepared by Sewak Singh (P. W. 9), who made entires in the general diary. The Head Constable took the blood stained Baniyan of Naseem Ahmad Ext. K. a-10. Naseem Ahmad, Laloo and Harpal were sent for medical examination. Shri Ganga Singh S. I. took the investigation in his hand. He reached the place of occur rence. He prepared the inquest report of the dead body of Mangal Singh Ext. 12. He also prepared photo lash and challan lash, Exts. 13 and 14. He also took in his posses sion the blood stained clothes of Mangal Singh and prepared Fard Ext. 15. There after, he sealed the dead body of Mangal Singh in a cloth. He also prepared the inquest report of the dead body of Rajendra Singh, Ext. Ka-16. He prepared photo lash and challan lash, Exts. Ka-17 and 18. He also took in his possession the blood stained clothes of Rajendra Singh and prepared Fard Exi. Ka-19. Thereafter, he sealed the dead body of Rajendra Singh in a cloth. The dead bodies of Mangal Singh and Rajendra Singh were sent for post-mortem examination to Sadar Hospital, Hamirpur alongwith two letters addressed to Medical Officer Incharge, Sadar Hospital. Hamirpur, Exts. Ka-20 and 21. The Investigating Officer took blood stained and plain earth from the place of occurrence. He also inspected the spot and prepared site plan, Ext. Ka-22.
(3.) ON 20-7-1974, the Investigating Officer Ganga Singh (P. W. 10) made a search for the accused persons, but he could not get any clue about them. ON 21-7-1974, he interrogated the owner of Truck No. UPG- 5916 in which the victims and the witnesses were said to have been travelling on the fateful day. ON 26- 7-1974, he got the two accused persons on police remand and brought them to village Wari and in presence of public witnesses namely Shiv Baran and Ram Sewak recovered Pharsa from a Nala known as Kathoran Nala on the pointing of accused Abhai Raj Singh. Thereafter, the Investigating Officer reached village Mawai Jaar alongwith accused Pritam Singh at 5. 30 p. m. He took public witnesses, namely, Jodha alias Kali Charan and Mathura Kachhi. He recovered Pharsa and Ballam at the pointing of accused Pritam Singh from the Atari of his house. Dr. V. N. Mehrotra (P. W. 4) con ducted the autopsy on the dead body of Rajendra Singh. He found the following ante-mortem injuries on the dead body of deceased Rajendra Singh: (1) Lacerated wound 5 cm x 5 cm x scalp deep on right side of skull over parietal region, 6 cm above the right ear. Wound was placed horizontally. (2) Incised wound 3. 5 cm x 0-5 cm x bone deep on right side of skull, placed longitudinally and situated 1 cm below injury' No. 1. A piece of bone was sliced. (3) Incised wound 5 cm x 0. 5 cm x scalp deep on right side of skull, parallel to mid line longitudinally placed, 5 cm above the occipital. (4) Incised wound 7. 5 cm. x 2 cm x bone deep, horizontally placed, just above the right ear, in temporal and occipital region of skull on right side. Bone underneath the wound was cut and fractured. (5) Incised wound 5 cm x 1. 5 cm x muscle deep, in the upper portion of right side of neck, extending backward from behind the right ear. Lobule of the right ear was also cut. (6) Incised wound 5,5 cm x 1. 5 cm x bone deep on the right side of face, obliquely placed. Inner and 1. 5 cm from the outer angle of the right eye and outer end 2. 5 cm below and in front of right ear's lobule. Maxillary bone on right side cut underneath the wound. (7) Punctured wound 1. 5 cm, x 0. 5 cm x 2 cm deep above right eye ball and below right eye-brow. (8) Incised wound 5 cm x 1. 5 cm x bone deep, on left occipital region of skull, situated 2. 5 cm behind and middle portion of left ear, wound was at right angle to neck. Bone under neath cut and fractured. (9) Penetrating wound 1 cm x 0. 5 cm x 2 cm on back of left side of neck in the lower part at the level of the 7th cervical spine 3 cm away from the mid line. Direction back to front. (10) Penetrating wound 1 cm. x 0. 5 cm x 4 cm on the back of right side of neck in its lower part, 2 cm from the mid line at the level of 6th cervical spine. (11) Incised wound 13 cm x 0. 25 cm x skin deep on the back over left scapular region, horizontally placed. 1977 (2) JIC-11 (12) Penetrating wound 1 cm x 0. 5 cm x 4 cm deep in the middle portion of neck in front. Directions was from front to back, (13) Penetrating wound 1 cm x 0. 5 cm x 2 cm on right side of neck, 2 cm below from the angle of right mandible. (14) Penetrating wound 0. 5 cm x 0. 2 cm x 1 cm on right side of neck, 0. 5 cm below injury No. 13. (15) Penetrating wound 0. 5 cm x 0. 2 cm x 1 cm on right side of neck, 1 cm below injury No. 14. (16) Penetrating wound 0. 5 cm x 0. 2 cm x 1 cm on right side of neck, 0. 5 cm outer to injury No. 15. (17) Penetrating wound 0. 5 cm x 9. 75 cm x 1 cm on right side of neck, 1 cm below injury No. 16. (18) Penetrating wound 0. 5 cm. x 0. 2 cm x 0. 75 cm. On right side of neck, 2 cm. above from the inner end of right clavicle. (19) Penetrating wound 1 cm. x 0. 5 cm x chest cavity deep, at the level of the 3rd right inter-costal space, near fight border of sternum. Direction right to left obliquely. (20) Penetrating wound 1 cm x 1 cm x chest cavity deep, situated at a octal portion to left nipple and 3 cm inner to it at the level of 4th inter costal space. (21) Penetrating wound 0. 5 cm x 0. 5 cm x 1 cm on the back in left lower portion, 3 cm from mid-line and 5 cm above iliac crest. (22) Contusion 10 cm x 2. 5 cm (in the two parallel lines) obliquely placed over the right scapular region. (23) Contusion 11 cm x 2. 5 cm on the right scapular region, 5 cm below injury No. 22. (24) 'contusion 12 cm x 2. 5 cm on right side of back in inter scapular region parallel to mid-line.;