- (1.) G. B. Singh, J. This is an appeal against the judgment and order dated 17-10-1981 of the Sessions Judge, Sultanpur, convicting Babu Lal alias Khur Bhur and Pancham appellants for the offences under Sections 302/149, 307/149, 436/149 and 148, I. P. C. and sentencing them to imrisonment for life, ten years R. I. , seven years, R. I. and three years, R. I. , respectively, and making the sentences to run concurrently.
(2.) THE case of the prosecution was that about three months before the occurrence Berra, Jodha of Ram Naresh, who were brothers and notorious dacoits, were staying with one Shital Pasi of Village Khadri. Chandra Bali informant and other persons of village Khadri came to know of it and they surrounded the house of Shital Pasi and apprehended Ram Naresh. Other dacoits ran away. Ram Naresh was first kept tied up with a tree and on arrival of the police he was handed over to it by Chandra Bali and others. On account of his incident his brothers Berra and Jodha were harbouring ill-will against Bali and other persons of the village. Since Berra and Jodha wanted to take revenge Chandra Bali and other persons of the village used to remain on patrol in the village during night time. On the night between 12/13-1-1980 at about midnight Chandra Bali, Bajrang Bahadur, Ram Khelawan, Suraj Din, Sadhu, Sheo Dularey, Prem and others were on patrol duty. Since it was a winter night they came near the Marha of Chandra Bali and started warming them up by burning some rapta. At that time 15 or 16 persons armed with guns and rifles came near them and started firing indiscri minately. Chandra Bali and others started running away. Ram Suraj Din, Sadhu and Bajrang Bahadur received bullet injuries and died on the spot. On the alarm raised Soyember Singh and Smt. Deoraji rushed for the rescue but they were also shot dead by the miscreants on the spot. Jawahar, Sheo Dulare and Prem also received bullet injuries at the time of the incident. THE mis creants thereafter set fire to the Osara of Chandra Bali Singh. THE dacoits remained there till the Osara was completely burnt and during this period they continued to hurl abuses against the village people. THE miscreants thereafter went away towards North. On the alarm raised some person of the village, Raj Mangal Singh, Sheo Mangal Singh and Srinath Singh also rushed. Out of them Srinath Singh and Bharat Singh and Srinath Singh and they were flashing them. In the light of the flames of Osara and electric torches the informant and others recognised Berra alias Bisheswar, Jodha and Babu Lal among the miscreants. The first information report of the incident was lodged by Chandra Bali Singh on 13-1-1980 at 7. 10 a. m. The distance of Police Station from the village is about ten miles. On the basis of the report lodged a case under Sections 147/302/436/141/149 I. P. C. was registered. S. O. Uma Shanker Misra (PW 7) was present at the Police Station. He interrogated Chandra Bali Singh, informant, at the Police Station and reached the place of incident at about 10 a. m. There he prepared inquests of the dead bodies and sent them for post mortem examination. He found several fired cartridges on the spot and Osara of Chandra Bali Singh, destroyed by fire. He inspected the torches of Bharat Singh and Srinath Singh and prepared their Fards on 14-1-1980. He examined Raj Mangal Singh and other witnesses and seat Jawahar and Sheo Dulare or medical examination. He prepared site plan also on that date. He arrested Babu Lal appellant on 20-1-1980. Jawahar injured died in the District Hospital, Sultanpur, on 26-1-1980. He completed investigation against Babu Lal on 20-1-1980 and submitted charge sheet against him. Thereafter S. O. Uma Shankar Misra was transferred from P. S. Aroethi and the investigation was taken up by S. O. Ram Shiroman (PW 10 ). He arrested Pancham appellant on 6-11-1980. He was made Sapurdah after the arrest and sent to jail. He was put up for test idendification parade on 22-1-1981. The test identification parade was conducted by Sri Rana Nand Singh, Magistrate (PW 2 ). Pancham appellant was correctly identified by Chandra Bali Singh and Raj Mangal Singh. After his test identification investigation was completed against him and charge-sheet was submitted by S. O. Ram Siromani Pandey (PW 10 ). On behalf of the prosecution 11 witnesses were examined to prove its case. Dr. R. K. Mathur (PW 1) conducted the post mortem examination on the dead bodies of Soyember Singh, Bajrang Bahadur and Smt. Deoraji. He found gun shot injuries on their persons. According to him death of these persons was caused due to firearm injuries. Dr. O. P. Sharma (PW 3) conducted the post mortem examination on the dead bodies of Ram Khelawan, Suraj Din and Sadhu. He also found firearm injuries on their persons and according to him their death was caused due to shock and haemarrhage as a result of the aforesaid injuries. Dr. C. K. Gupta examined the injuries of Jawahar and Sheo Dularey. He also found gun shot injuries on the persons of these injured persons. When Jawahar died on 21-1-1980 the post mortem exami nation was conducted by Dr. C. K. Gupta (PW 4) Chandra Bali Singh (PW 5) and Raj Mangal Singh (PW 6) are the eye-witnesses of the occurrance. S. O. Uma Shankar Misra (PW 7) and S. O. Ram Shromani Pandey (PW 10) investi gated the case. Rama Nand Singh, Magistrate (PW 8) held the test identifica tion parade of Pancham accused. The evidence of other witnesses is of formal nature.
(3.) THE appellants denied the charge and pleaded not guilty. THEir defence was not they were falsely implicated in the case on account of enmity with the police. THEy did not examine any witness in defence Babu Lal produced three papers, Exts. Kha 1 to Kha 3, to show that he had been previ ously implicated in a criminal case under Section 25, Arms Act. THE learned Sessions Judge believed the prosecution evidence against Babu Lal and Pan cham appellants and convicted and sentenced them as mentioned above. Feeling dissatisfied with it they have filed the present appeal. It was not disputed by the learned counsel for the appellants that the occurrence took place on the night between 12/13-1-1980 at about mid-night and in it Bajrang Bahadur Singh, Soyamber Singh, Sent. Deoraji, Ram Khelawan, Suraj Din, Sadhu and Jawahar received gunshot injuries as a result of which they died. It was also not challenged on behalf of the appel lants that Osara of Chandra Bali Singh was set on fire on the relevant night. He has simply assailed their participation in the crime. Since Babu Lal alias Khurbhur appellant is named in the first information report and the case against Pancham appellant rests on identification evidence their cases are taken up separately to see if they were among the miscreants who committed the alleged crime.;