PRADEEP KUMAR SINGH BAGHEL,J. - (1.) This appeal preferred by the five appellants is directed against the judgment and order dated 24th December, 1996 passed by the Vth Additional Sessions Judge, Hamirpur in Session Trial No. 89 of 1993, State v. Chandi @ Devkinandan and others, arising out of Case Crime No. 240 of 1992, whereby the appellants Chandi, Gulab, Ram Jeevan, Phool Singh and Baghraj have been found guilty for the offence under Sections 147, 302 read with Section 149 I.P.C. The appellants-Chandi, Gulab, Ram Jeevan and Phool Singh have been held guilty under Section 148 I.P.C. also. Accordingly, the appellants have been convicted under the said sections and all the appellants have been sentenced for one year rigorous imprisonment under Section 147 I.P.C. and for the life imprisonment for the offence under Section 302 I.P.C. The respective four appellants have been sentenced for two years rigorous imprisonment under Section 148 I.P.C. All the sentences have been directed to run concurrently. The Court has acquitted the appellants-Chandi and Phool Singh under Section 25 of the Arms Act.
(2.) The prosecution case is that P.W.-1 Sheela submitted a written complaint at the Police Station Muskara, District Hamirpur on 19th November, 1992 at 10.00 P.M. regarding murder of her husband Karan. She named five persons as assailants. Giving the details of the incident it was stated therein that on 19th November, 1992 at about 10.00 A.M. in the morning her husband late Karan, her mother-in-law P.W.-3 Roop Rani, her brother-in-law P.W.-5 Ramesh and she were going to their field (Har) for harvesting. On their way when they reached in front of Ram Janki Temple, they found that the accused persons, namely, Chandi @ Devkinandan, resident of Auta, Gulab, Ram Jeevan and Phool Singh, residents of Bhaisay, all armed with guns, and Baghraj armed with Lathi were present there. When they saw Karan and his family, one of the accused Phool Singh exhorted the other accused persons to kill Karan. On his exhortation, all of them surrounded Karan and opened fire on him. Karan, husband of P.W.-1, was hit by the gunfire and he fell down on the platform (Chabutara) of Dibiya Dhobi. He succumbed to his injuries at the spot. Upon hearing the noise of gunfire, some of the residents of the village assembled on the spot, thereupon all the assailants fled away from the scene. In her complaint she has stated that there was an ongoing animosity between the parties in respect of the land dispute of her brother-in-law P.W.-5 Ramesh and accused Gulab and Ram Jeevan. On the basis of the said complaint a first information report FIR was registered as Case Crime No. 240 of 1992, under Sections 148, 149 and 302 I.P.C. at Police Station Muskara, District Hamirpur, and a chik FIR was prepared by P.W.-7 Ram Singh.
(3.) Consequent upon, an investigation was set in motion. The investigation was entrusted to P.W.-8 Devi Charan Tiwari. On the same day, the police reached on the spot and collected bloodstained earth and made a fard thereof (Exh. Ka-14). Two separate fards Exh.Ka-12 and Exh.Ka-13 were also prepared in respect of four cartridges found on the spot. One of the cartridges was bloodstained. The police also found a Farsa, which was clinched by the deceased in his left hand. The blood was found on the Phal of Farsa.;