Ramesh Sinha, J. - (1.) The present criminal appeal has been preferred against judgment and order dated 28.04.1983 passed by learned Additional Sessions Judge, Fatehpur in Criminal Sessions Trial No. 138 of 1982 convicting and sentencing the appellants for life imprisonment for offence under section 302/34 I.P.C. and for seven years rigorous imprisonment for the offence under section 201 I.P.C.
(2.) The prosecution case in brief is that an FIR was lodged by the informant Dwarika Prasad Agnihotri against the three appellants on 25.09.1978 at 09.30 a.m. with the allegation that in the night of 24/25 September, 1978 at about 01.30 a.m. in village Barsara, PS. Thariaon, District Fatehpur, the appellants committed murder of Ram Gopal @ Chela and Punni @ Ram Kumar in the village by firing shots on them. Accused Dharam Singh, Suraj Bali and Kamta were armed with country made pistol, axe and tamancha respectively and one unknown person who was not known to the informant was armed with lathi. Subsequently, the accused burned the body of Punni @ Ram Kumar who was sleeping on a cot. The eye witness who have seen the occurrence namely Ram Kishore @ Bade son of Shiv Nand, Bhagauti Prasad son of Shiv Bodhan, Chhedi Lal son of Gopal Chand Yadav, Jhuri son of Babu and Ram Saroop who reached the place of occurrence on the alarm raised and saw the four accused assaulting the two deceased and further threatened the witnesses and the informant that if they interfered then they would be also dealt in the same way and the witnesses and the informant have seen the incident in the light of torch and lantern and also in the light of moon and identified the three appellants and one unknown person whose name was not known to the informant. It was further stated by the informant that the appellants have murdered the two deceased because of some land dispute and because of fear in the night, he did not go to the police station to lodge the FIR. The informant left the dead body of the two deceased who were his maternal uncles in the supervision of Bhagwati Prasad who belonged to his village and had gone to the police station to lodge an FIR. The informant got the FIR written and put his thumb impression and submitted the same to police station Thariaon, District Fatehpur. In pursuance of report lodged by the informant Dwarika Prasad, the FIR was registered as Case Crime No. 171 of 1978 under section 302 IPC at 09.30 a.m. on 25.09.1978. After registration of the FIR, police reached the place of occurrence. The investigation of the case was taken over by Station Officer Sri Sadanand Rai who along with SI S.B. Singh had gone to the place of occurrence and SI Shiv Charan Singh who was already there along with police force was conducting the investigation. The Station Officer himself took up the investigation and inspected the place of occurrence and prepared the site plan Ex. Ka-26. He interrogated the witnesses Ram Kumar, Bhagwati Prasad, Chhote Lal and others and made search of the accused persons. On 25.09.1978, he again went in search of the accused but they could not be arrested. HC Radhey Shyam Tripathi, PW5 prepared the check reports and GD report, Ex. Ka-4 and Ka-5 and on the basis of written FIR which was entrusted to him by the informant Dwarika Prasad. After concluding the investigating, the Investigating Officer submitted the chargesheet Ex. Ka-27 against the accused persons on 24.11.1978. Sub-Inspector S.B. Singh prepared the inquest reports, challan nash and photos of the dead body and letters to RI and CMO Ex. Ka-13 to Ka-18 and other police papers Ex. Ka-19 to Ka-25 and entrusted the dead body of the deceased in a sealed condition to the constable for being sent for postmortem examination. He also recovered empty cartridges from the spot and collected blood stained and plain earth in separate containers and also samples of ashes as well as pieces of burnt strings of cot and prepared the recovery memo Ex. Ka-17 and Ka-11 and sealed the same in separate containers in bundles.
(3.) Dr. Som Sharma, PW4 conducted the postmortem examination on dead body of the deceased Ram Gopal @ Chela on 26.09.1978 at about 03.30 p.m. and found the following ante mortem injuries on his person: 1. Incised wound 3" x 1" x-bone deep on the left temple 1/2" from outer end of eyebrow. Margins clean cut. Bone also clean cut. it is directed vertically. 2. Incised wound 3" x 1" x muscle deep and vessels deep on the left side neck in upper 1/2". Margins clean cut. 3. Incised wound 3" x 1/2" x bone deep on the left side neck 1/2" behind injury no.2. Lower half of left ear also cut through and through. Margins clean cut. 4. Incised wound 3" x 1" x bone deep on the left side head 4" above the ear. Margins clean cut. Bone also clean cut. 5. Incised wound 3" x 1" x bone deep on the middle of the head 1" away from injury no.4. Margins clean cut. Bone also clean cut. 6. Incised wound 3" x 1" x bone deep on the right side head 4 and 1/2" above the right year. Margins clean cut. Bone also clean cut. 7. Incised wound 1.1/2" x 1/2" x bone deep on the right side forehead 2" above the eyebrow. Bone clean cut. Margins of the cord also clean cut. It is placed horizontally. 8. Six gun shot wounds of entry each 1/4" x 1/4" x chest cavity deep on the left side chest in axillary place in lower 1/3" in an area of 3" x 2.1/2". Margins inverted and lacerated. No bleeding present. 9. One gun shot wound of exit 1/2" x 1/4" x chest cavity deep on the left side chest 1.1/2" from midline and 3" above and inner to left nipple. Margins everted and lacerated. No bleeding present. 10. One gun shot wound of entry 1/8" x 1/8" x chest wall deep on the left side chest 1" away from injury no.9 towards the midline. Margins inverted and lacerated. No bleeding present. 11. Multiple gun shot wounds of entrance each 1/8" x 1/8" x abdominal wall deep in an area of 5" x 4" on the right side abdomen just near the mid line, 3" above and right to umbilicus. Margins inverted and lacerated. No bleeding present. 12. Abrasion 1/2" x 2/10" with scab found on the front of left side chest 1.1/2"above and left to nipple. 13. Abrasion 1/2" x 1/10" x scab found on the left side chest 1/2" below injury no. 12. 14. Multiple gun shot wounds of entrance each 1/8" x 1/8" x muscle and bone deep on the dorsum of left four fingers except thumb. Margins inverted and lacerated. No bleeding present. 15. One gun shot wound of exit 1/8" x 1/8" x whole hand deep on the palm aspect of base of left middle finger. Margins everted and lacerated. No bleeding present. 16. One gun shot wound of exit 1/8" x 1/8" x whole hand deep on the palm aspect of base of the web between the left index finger and thumb. Margins everted and lacerated. No bleeding present.;