Pritinker Diwaker - (1.) As all these appeals arise out of a common judgment and order dated 30.07.2010 passed by the Additional Sessions Judge/Special Judge (SC/ST Act), Etawah in Sessions Trial No.41 of 2006 (State Vs. Satyendra @ Pappu and others), convicting the appellants under Sections 148 and 302 read with Section 149 of IPC and sentencing them to undergo two years rigorous imprisonment and further to undergo imprisonment for life, with a fine of Rs.20,000/- each, in default thereof, one year additional jail sentence and all sentences are directed to run concurrently, they are being disposed by this common judgment.
(2.) In the present case, there are two deceased, namely, Sheela and her brother Ram Prakash. As per prosecution case, about 16 months prior to the date of occurrence, i.e., 23.09.2005, brother of the two deceased, namely, Har Prakash @ Pappu was done to death by accused Satyendra, Bhura, Khem Singh and one Ram Bahadur. In the said case, Satya Prakash, another brother of the two deceased was an important witness and the accused persons wanted to ensure that the said Satya Prakash may not give any evidence against them. On 23.09.2005, i.e. the date of occurrence at 6.30 am, all the accused-appellants had gone to the house of the deceased persons and caused firearm injuries to Sheela and Ram Prakash. After sustaining injuries, Sheela expired at the place of occurrence itself, whereas injured Ram Prakash was initially taken to the Government Hospital, Bharthana, then Etawah, then Gwalior and thereafter at Agra, where he succumbed to his injuries on 28.09.2005.
(3.) Fir (Ex.Ka.3) was lodged on 23.09.2005 at 8.10 am by another brother of the two deceased, namely, Chandra Prakash (PW-1) against all the five accused persons under Sections 147, 148, 149, 307 and 302 of IPC. Inquest on the dead body of the deceased-Sheela was conducted, vide Ex.Ka.6 and the body was sent for postmortem which was conducted on 23.09.2005 by Dr A K Tiwari (PW-3) vide Ex.Ka.2. As per Autopsy Surgeon, following injuries were found on the body of deceased Sheela: "1.Fire arm wound of entry of 2.5 x 2.5 cm x cavity deep on right side jt. angle 6 cm above Iliac crest margin inverted contused collar present around the wound. Wound passing through right kidney, mesentry, spleen, stomach and left lobe of liver and other structure. One metallic piece recovered from chest wall of left side flank between 10 in x 11 in rib. Metallic piece sealed. Abdominal cavity full of Blood." Cause of death of deceased-Sheela was 'shock and haemorrhage as a result of ante-mortem injuries'.;