- (1.) K. D. Shahi, J. All the four appeals arise out one judgment and order of con viction and death sentence arising out of one crime and offence, therefore, all these appeals have been taken together for dis posal.
(2.) ALL the appellants of four appeals, namely, Bhagirath, Vijai Karan Singh, Lal Singh and Razzaq alias Rajjab, have been convicted for the murders of Ram Saran Singh, Ram Lakhan Singh, Narpat Singh, Udaiveer Singh and Smt. Ram Dulari on 15-4-1981 at about 6 p. m. in village Bhadva P S Malva district Faiehpurand sentenced to death under Sections 302 read with Sec tion 149, IPC, one years' R. I. under Section 147, IPC, one year's R. I. under Section 404, IPC and three years' R. I. under Sec tion 380, IPC Convict Bhagirath has fur ther been sentenced to five years' R. I. under Section 307, IPC and Vijai Karan Singh, Lal Singh, Razzaq alias Rajjab have been sentenced to five years' R. I. under Section 307/149, IPC by the learned Ses sions Judge on 28-11-1997 in a joint Ses sions Trial arising out of S. T No. 176 of 1982 State v. Lal Singh, S. T No. 194 of 1982; State v. Bhagirath, S. T No. 170 of 1998 State v. Vijai Karan Singh and S. T. No. 22z of 1988 State v. Razzaq ailas Rajjab. In short, the case of the prosecu tion is that on 15-4-1981 at 21. 15 p. m. Mahadeo son of Manbodhan r/o village Bhadwa police station Malwa district Fatehpur lodged a report at police station Malwa that he is the Chaukidar of village Bhadwa. On the date of occurrence at about 6 p. m. , the sun had not yet set, when he was cutting grass in his Khalihan he heard fire from village side. He left cutting the grass and reached in the village and was informed that at the tube-well of Ram Saran which is at a distance of four fur longs from the field of Ram Saran Singh, Ram Lakhan son of Lal Singh and Narpat Singh son of Ram Lakhan Singh have been killed by firing. He was further informed that the assailants have killed Udaiveer Singh alias Munni son of Ram Lakhan by dragging him from his shop and they have also killed widow-Ram Dulari in her house. He was further informed that the assailants have also injured Ram Manohar Singh son of Sheo Pal Singh. He was in formed by the villagers and the ladies that the offence have been committed by Vijai Karan Singh, Bhagirath of village Bhadwa and two Mohammadans, who used to visit at the house of Vijai Karan Singh and were residents of village Pachkauri, PS Pailani district Banda. They were also accom panied by two unknown persons who used to come at the house of Vijai Karan Singh. He was further informed that the as sailants were armed with guns, Lathis and Kaurauli. The Chaukidar kept the injured at the bullock cart and went to the police station along with injured Ram Manohar, Ganga Charan while Babu Singh was driv ing the bullock cart. The informant, Chaukidar of the village, is not an eye-witness, the police party proceeded to investigate on the basis of this F. I. R.
(3.) CHIK report Ex. Ka. 9 was prepared by Head Constable PW-7 Ram Saran Singh. A case was registered in the G. D. at Rapat No. 32, Copy of the G. D. is Ex. Ka. 10. The I. O. Sub-Inspector S. V Singh-PW. 8, the then S. O. PS Malwa, reached the spot on the same night and in the morning prepared the Inquest Report of the dead bodies of the deceased persons. He took blood stained and simple earth from dif ferent places of occurrence and sealed them in the containers. He also recovered empty cartridges, two pairs of 2 shoes from the spot where Smt. Ram Dulari was mur dered. He interrogated the witnesses, in spected the three places of incidents and prepared the site plan on 31-4-1981. The investigation of the case was entrusted to C. B. CID under the orders of Assistant Inspector General of Police, Har Govind Singh Chahar PW. 9, did further investigation of the case. Ram Manohar Singh was taken to the police station at the time of the F. I. R. He was sent for medical examination, Dr. Hari Krishan Tandon, M. O. , District Hospital, Fatehpur examined the injuries of Ram Manohar Singh at 1. 40 a. m. on 16-4-1981. He found the following injury on his person: "one gun shot wound of inlet size 1 cm x 1/2 cm x cavity deep on right side chest 3 cms from middle right clavicle. Margins were in verted and lacerated. No blackening and tattoo ing around the wound was present. Wound was dressed by M. C. paint and bandage. ";