VIJAY KUMAR VERMA, J. - (1.) CHALLENGE in this appeal, preferred under section 374 (2) of the Code of Criminal Pro­cedure (in short the Cr.P.C), is to the judgment and order dated 23.7.2004 passed by Sri Rajendra Singh, the then Additional Session Judge/Fast Track Court No. 5 Budaun, in S.T. No. 28 of 2004 and connected S.T. Nos. 29 of 2004 and 30 of 2004, whereby the appellants 1. Ram Rahis, 2. Ram Naresh, 3. Mahesh, 4. Raghunandan and 5. Rishipal (hereinafter referred to as 'the accused') have been convicted and sentenced to undergo rigorous imprison­ment for one year each under section 147 and 148 of Indian Penal Code (in short 'the IPC'), rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/- each under section 307 read with section 149 IPC and imprisonment for life and to pay a fine Rs. 10,000/- each under section 302 read with section 149 IPC with default stipulations and the appellant Ram Rahis has been further convicted and sentenced to un­dergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- with de­fault stipulation under section 25 Arms Act. All the sentences have been di­rected to run concurrently.
(2.) BY the impugned judgment, the co-accused Prem Pal and Dhyan Pal have been acquitted of the offences under sec­tions 147, 148, 307 and 302 both read with section 149 IPC and the appellant-accused Raghunandan also has been acquitted of the offence under section 25 Arms Act. No appeal against their acquittal has been pre­ferred by the State of UP. The incident resulting in the death of Gajvir and Ram Chandra and causing injuries to Ram Vitas, Ramesh and Ram Bhajan occurred on 7.7.2003 at about 7.30 p.m. in village Collectorganj, situated within the limits of Police Station Usawan, District Budaun. First information report regarding that incident was lodged by Ram Saran s/o Jagdish at P.S. Usawan on 7.7.2003 at 9.05 p.m. The case of the prose­cution as appearing from the FIR Ext. Ka 10 and statements of the witnesses, in brief, is that Gajvir, uncle of the com­plainant Ram Saran, had lodged an FIR on 30.6.2003 against Ram Rahis, Rakesh and Balak Ram regarding the incident of quar­rel, that had taken place between the chil­dren. Due to that FIR, these persons began to have enmity. It is alleged that when on 7.7.2003 at about 7.30 p.m., the complain­ant Ram Saran, his father Jagdish, uncle Gajvir, brother Ramesh along with Ram Vilas and Ram Chandra were sitting and standing outside their house, the accused Ram Rahis and Ram Naresh both sons of Jamadar having country made guns in their hands, Raghunandan s/o Lankush, Rishi Pal s/o Lakhan, Mahesh s/o Sri Ram armed with tamanchas and Dhyan Pal s/o Lankush and Prem Pal s/o Jait Ram having lathies in their hands came there and began to make indiscriminate firing by their respective weapons, due to which Gajvir, Ramesh, Ram Chandara and Ram Vilas sustained injuries. Ram Bhajan s/o Kanhai was passing through the rasta. He also sustained fire arm injury. The accused Dhyan Pal and Prem Pal wielded lathi blows. On hearing the sound of fires, peo­ple of mohalla came on the place of inci­dent, who challenged the accused, on which they fled away.
(3.) THE complainant Ram Saran him­self scribed the written report Ext. Ka 1 and went to P.S. Usawan carrying the injured persons. On the basis of this writ­ten report, chik FIR Ext. Ka 10 was pre­pared by the then head moharrir Pooran Singh P.W.6, who registered a case on 7.7.2003 at 9.05 p.m. under section 147,148, 149, 323 and 307 IPC at Case Crime No. 88/2003 against the accised Ram Rahis, Mahesh, Ram Naresh, Reghunandan, Dhyan Pal, Prem Pal and Rishi Pal and made entry in G.D. vide Ext. Ka 11. There­after, letters Ext. Ka 12 to Ext. Ka 16 for the purpose of medical examination were pre­pared and injured persons were sent to Primary Health Centre Usawan, from where they were referred to District Hospi­tal Budaun, where they were medically examined by Dr. A.K. Verma (P.W.5). The following injuries were found on the per­son of injured persons: - 1. Injuries of Gajvir (examination on 8.7.2093 at 1.10 a.m.. Injury report Ext. Ka 2). 1. Firearm wound of entry 0.2 cm x 0.2 cm x DNP on right forehead 4.5 cm above right eye brow. K.U.O. 2. Multiple firearm wound of entries in an area of 40 cm x 22 cm on front of chest and abdomen of size varying from 0.2 cm x 0.2 cm x DNP to 0.2 cm x 0.3 cm x DNP, bleeding present. 3. Multiple firearm wound of entries of size 0.2 cm x 0.2 cm x DNP to 0.3 cm x 0.3 cm x DNP on front of right forearm in area of 12 cm x 6 cm, K.U.O. 4. Single firearm wound of entry 0.2 cm x 0.2 cm x DNP on right thigh anteriorly just below inguinal legament K.U.O. The injuries were fresh in duration and were caused by fire arms. X-ray was ad­vised. 2. Injuries of Ram Chandra (examination on 8.7.2093 at 1.30 a.m. Injury report Ext. Ka 3). 1. Two firearm wound of entries on left side anteriorly 5 cm apart of size 0.2 cm x 0.2 cm x DNP each 8 cm x 13 cm below left Nipple. KUO, bleeding present (left). 2. Single firearm wound of entry 0.2 cm x 0.2 cm x DNP left lower ab­domen just above pubic testicle KUO. 3. Multiple firearm wound of entries on right thigh and right leg anteri­orly, in area of 16 cm x 8 cm of size 0.2 cm x 0.2 cm to 0.2 cm x 0.3 cm x DNP bleeding present KUO. 4. Single firearm wound of entry 0.2 cm x 0.2 cm x DNP on left leg an­teriorly 5 cm below knee KUO. The injuries were fresh in duration and were caused by fire arms. X-ray was ad­vised. 3. Injuries of Ram Vilas (examination on 8.7.2003 at 1.35 a.m. Injury report Ext. Ka 4). 1. Single firearm wound of entry 0.2 cm x 0.2 cm x DNP on front of right thigh 9 cm below tip of shoulder, bleeding present; KUO. 2. Multiple injuries (four in No.) fire­arm wound of entries on right side abdomen in area of 13 cm x 6 cm of size 0.2 cm x 0.2 cm x DNP to 0.3 cm x 0.3 cm x DNP KUO. 3. Single firearm wound of entry 0.2 cm x 0.2 cm x DNP on front of right thigh 16 cm below iliac crest KUO. The injuries were fresh in duration and were caused by- fire arms. X-ray was ad­vised. 4. Injuries of Ramesh (examination on 8.7.2003 at 1.50 a.m., Injury report Ext. Ka 5). Multiple firearm wound of entries on front of chest in area of 12 cm x 8 cm of size 0.2 cm x 0.2 cm x DNP to 0.2 cm x 0.3 cm x DNP, bleeding present KUO. The injuries were fresh in duration and were caused by fire arms. X-ray was ad­vised. 5. Injuries of Ram Bhajan Lal exami­nation on 8.7.2003 at 2.10 a.m. In­jury report Ext. Ka 6). Single firearm wound of entry 0.2 cm x 0.2 cm x DNP on sclera of right eye with right red eye. KUO. The injuries were fresh in duration and were caused by fire arms. X-ray was ad­vised. ;