Ramesh Sinha, J. - (1.) The present criminal appeal has been preferred by the appellants against the judgment and order dated 03.01.1984 passed by Sri Naseem Uddin, 3rd Additional Sessions Judge, Aligarh in S.T. No. 125 of 1981 convicting the appellant Om Prakash @ Oma under Section 302 I.P.C. and sentencing him to life imprisonment, further convicting him under Section 148 I.P.C. and sentencing him to one year rigorous imprisonment and convicting appellants Rajendra and Kailash under Section 302/149 I.P.C. and sentencing them to life imprisonment, further convicting them under Section 147 I.P.C. and sentencing them to six months rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) The brief facts of the case are that a first information report was lodged by Guru Charan against the 4 accused namely Om Prakash @ Oma son of Ganga, Rajendra son of Ganga, Kailash son of Om Prakash @ Oma, Sonpal son of Chanda and Om Prakash Tyagi son of Karan Singh which was registered as Case Crime No. 349 of 1980 P.S. Sasnigate, Aligarh under Sections 147, 148, 302 I.P.C. on the same day at 19.15 p.m.. The allegations made in F.I.R. are that accused Om Prakash @ Oma son of Ganga, Rajendra son of Ganga, Kailash son of Om Prakash @ Oma, Sonpal resident of Ladiya, District Aligarh wanted to forcibly grab the land of Kishori son of Khacheda, resident of Ladiya and on account of which the accused bore enmity with him. On 02.12.1980 at about 6 p.m. in the evening Om Prakash Tyagi son of Karan Singh who is relative of the aforesaid accused persons came on the spot and on his exhortation, Jai Pal son of Babulal who is cousin brother of Kishori son of Khachedi caught hold of him and Om Prakash Tyagi told the aforesaid accused persons to kill him and he should not be left alive and at the instance of Om Prakash @ Oma, Jai Pal was brought to his house and he was stabbed by Om Prakash @ Oma. The said incident was witnessed by the witnesses Rajesh, Guru Charan, Hari Shankar and others who saw the accused committing atrocities on him. The injured Jai Pal was brought in an injured condition by the informant to the hospital where he was admitted and the doctors had declared him dead. On the written report submitted by the informant against the accused, he prayed necessary action be taken against them. On the basis of the written report (Ex. Ka-4), chik F.I.R. (Ex. Ka-6) was prepared and a case was registered vide G.D. entry (Ex. Ka-10). The investigation of the case was done by S.I. Naresh Pal who was the station officer of the concerned police station. The investigating officer visited the spot, prepared the site plan, recorded the statements of the witnesses, prepared inquest report and other papers and sent the dead body of the deceased Jai Pal from the hospital for the purpose of postmortem. He also collected the blood stained and plain pieces of floor earth and also the knife from the room of the accused Om Prakash @ Oma and prepared recovery memos and sealed the said articles and sent them to police station. The blood stained clothes and knife, etc. were also sent for chemical examination and in the report of the Serologist, human blood was found on these articles. The postmortem of the dead body was conducted by Dr. H.M. Athwal. After investigation, the investigating officer submitted charge-sheet against accused Om Prakash @ Oma, Rajendra and Kailash whereas he submitted final report against accused Sonpal and Om Prakash Tyagi. Mother of the deceased Jai Pal viz. Smt. Basanti Devi filed a complaint against Sonpal and Om Prakash Tyagi but the said two accused died during the pendency of the trial. Ex. Ka-1 and 2 are the copies of the telegram sent to S.S.P., Aligarh by Smt. Pista wife of Jai Pal deceased complaining all the inaction of the police. Ex. Ka-3 is the complaint filed by Basanti Devi against the two accused Sonpal and Om Prakash Tyagi who died during the pendency of the trial.
(3.) The prosecution relied upon the documentary evidence referred to above as well as Ex. Ka-20 which is the charge-sheet against the three accused along with Ex. Ka-21 and 26 which are the site plan of the place of occurrence, recovery memo of the blood stained and simple earth prepared by the investigating officer, recovery memo of blood stained knife prepared by investigating officer on the spot, chemical examination of the clothes and knife. Ex. Ka-27 and 28 relates to the sending of the bandals to the maalkhana.;