M. M. Lal, J. - (1.) THIS is an appeal against a judgment and order dated 16-6-1978 passed by Sri J. N. Bansal, the then Ist Addl. Distt. & Sessions Judge, Bulandshahr, by which he has convicted the above named five appellants u/Secs 148, 201 and 302/149 IPC and has sentenced each of them to undergo rigorous imprisonment for 2 years, 3 years and life imprisonment respectively thereunder.
(2.) ACCORDING to the case of the prosecution, on the evening of 19-2-77 Iliyas deceased had spotted Gyani appellant cutting his mustard crop with a view to steal it. When Iliyas deceased raised objection, Gyani appellant abused him. Subsequently on the same day in the evening all the five appellants came to the field and told Iliyas deceased that he was considering high of himself and that he would be taught a lesson. It is further the case of the prosecution that on the night of 19/20 February, 1977, at about mid night, when Iliyas deceased was sleeping at his tubewell, Shiv Sahai appellant armed with a gun, Gyani appellant carrying a spear and remaining three appellants armed with 'Balkati' came there. There was a shriek of Iliyas deceased, which attracted the attention of Mohd. Hamid informant and other witnesses, who were present at a nearby crusher. These persons proceeded towards the aforesaid tubewell of Iliyas deceased. However, in the way they heard cries of Iliyas deceased coming from a nearby rivulet on which these witnesses proceeded towards the said rivulet. When they reached nearby they saw the appellants, carrying the aforesaid weapons, going towards southern side. These witnesses searched the rivulet and found the dead body of Iliyas deceased lying therein. They took out the dead body and placed it on the bank of the rivulet. In the morning Mohd. Hamid informant, who was nephew of the Iliyas deceased, went to P. S. Chandpur, situate at a distance of 11 Kms., where he lodged the report of the incident on the said date at 11.30 A.M. In order to prove its case the prosecution examined PW 1 Mohd. Hamid informant, PW 2 Ahmad Hasan, PW 3 Akhlaq Ahmad Khan and PW 5 Alamgir, who gave the circumstantial evidence against the appellants. PW 6 Ishwar Singh had taken the dead body for the post mortem examination. PW 7 Rohtash Singh was the head Moharrir, who had registered the case. PW 8 Tara Chand S. I. had prepared the inquest report. The investigation of this case was conducted by PW 9 Peetam Singh.
(3.) THE post mortem examination of the dead body of Iliyas deceased was made by PW 4 Dr D. B. Singh, the then Medical Officer, District Hospital Bulandshahr on 21-2-1977 at 4 P.M. He had found the following ante mortem injuries on the dead body of Iliyas :- According to the doctor the death of Iliyas deceased had occurred due to shock and haemorrhage as a result of aforesaid injuries at about the time of the incident.;