- (1.) V. P. Mathur, J. Seven persons including the six appellants named above and one Ghasita faced their trial (S. T. No. 11 of 1977) in the Court of Mr. R,c. Gupta, the then Additional Sessions Judge, Hamirpur. Bhawani Din son of Kamla, Ram Swaroop, Paras Ram and Kunwarpal alias Kunwar Lal were found guilty of offences punishable under Sections 148 and 302/149 of the Indian Penal Code. On the first count each one was awarded rigorous imprisonment for three years and on the second count, each one was sentenced to imprisonment for life. Appellant Shanker and Bhawani Din son of Paras Ram were found guilty of offences under Section 147 and under Sections 302/149, I. P. C. and on the first count, each one was sentenced to two years' R. I. and on the second count to imprisonment for life. Ghasita died during the course of the trial. After the filing of this appeal, during the pendency of the appeal Bhawani Din son of Kamla has also died and his appeal has also thus abated. We are now to consi der the case of the remaining five appellants.
(2.) THE occurrence took place in village-Badanpura, Police Station, Rath, district Hamirpur on 24-10-1976 at about 8 in the morning. THE First Information Report was lodged by Rameshwar Dayal on 24-10-1976 at 11. 15 a. m. at Police Station Rath. It was scribed by Shyam Sunder. THE distance of the thana from the scene of occurrence is of nine miles or 13 kms Two persons suffered death. THEy are Uma Shanker (brother of Rameshwar Dayal-first informant) and Bansidhar Lodhi-a fast friend of Uma Shanker. All the accused appellants are residents of village Badanpura. Ghasita who died during the pendency of the trial, was however originally resident of village-Masgaon, but prior, to this occurrence, he was also residing in village-Badanpura. Deceased Uma Shanker and complainant Rameshwar Dayal are real brothers and were both residents of village Badanpura. Bansidhar Lodhi also resided in the same village. THE evidence further shows that prior to this occurrence. Urn) Shanker had left Badanpura and started residing with his family in the town of Charkhari and from there occasionally was visiting Badanpura, where he used to stay with his brother Rameshwar Dayal. Bansidhar was unmarried. On account of very fast friendship between these two deceased persons, whenever Uma Shanker came to Badanpura and stayed with his brother Rameshwar Dayal, Bansidhar also used to remain in his company all along and was even sleeping in the night at the house of Rameshwar Dayal with Uma Shanker. It is said that the relations between the accused appellants and the family members of the deceased Uma Shanker and Bansidhar, prior to this occurrence were strained. About two years be fore 24-10-197t consolidation operation on had taken place in village Badanpura and some good fields of the appellants were allotted to the chak of the deceased Uma Shanker and Rameshwar Dayal-first informant. This had caused ill-will against the deceased in the hearts of the appellants. A theft had taken place in the house of one Gaya Prasad Lodhi prior to this occurrence. Gaya Prasad was of the opinion that this theft had been committed by Bansidhar and Sukhlai (P. W. 2) at the instance of Uma Shanker. A Panchayat regarding this occurrence had taken place in the village and the Panchas directed Uma Shanker and Bansidhar to compensate Gaya Prasad by paying him a sura of Rs. 1600/ -. Uma Shanker and Bansidhar however did not accept this decision and on the contrary they harled abuses at the appellants and Gaya Prasad, who belonged to the party of the appellants This incident was an additional reason for the appellants to have become inimically disposed against Uma Shanker and Bansidhar. Due to these motives, the occurrence dated 24-10-1976 did take place. It is contended that prior to 24-10-1976, Uma Shanker had come from village-Charkhari to Badanpura and was staying as usual with Rameshwar Dayal (P. W. 1 ). Bansidhar was also in his company all along in the house of Rameshwar Dayal. The programme was that Uma Shanker had to leave for Charkhari in the morning of 24-10-1976. Therefore, in the very early morning hours, the two deceased Uma Shanker and Bansidhar went together to answer the call of nature towards the grove belonging to Uma Shankar and Rameshwar Dayal. They were followed by Sukhlal (P. W. 2 ). Sukhlal took some more time in evacuating, but Bansidhar and Uma Shanker finished earlier and then went to the well where they took bath. This well is also owned by Uma Shanker and Rameshwar Dayal. Then they proceeded back towards the house of Rameshwar Dayal. It was at about 8. 00 a. m. Meanwhile Sukhlal had also finished answering the call of nature and was following them at some distance. As soon as they came in front of the west faced house of Balli Gadaria, the appellants who had all concealed themselves in side a cattle house of Har Govind Lodhi, suddenly emerged. They encircled Uma Shanker and Bansidhar. Bhawani Dm son of Kamla and Ghasita were armed with ballams (both persons are now dead), Ram Swarup had a country made pistol, Kunwar Pal (Kunwar Lal was armed with an axe, Parasram had a Pharsa and Shanker and Bhawani Din son of Parasram were armed with Lathis. Bhawani Din s/o Kamla Deceased exhorted the others to kill Uma Shanker and Bansidhar, and then all the accused including the present appellants mourned the assault upon them with their weapons. The scene of occurrence was an open land lying towards the south of the cattle house of Har Govind Lodhi and in front of the west faced house of Balli Gadaria. The cries of the victims as well as the loud exhortation by Bhawani Din son of Kamla attracted on the scene of occurrence, Rameshwar Dayal (P. VV. 1), who was inside his house busy with his break fast. They also attracted his wife Shyam Bai (P. W. 4), who was helping her child to case out-side the house. The two other persons Ram Devi and Prikshit also came near the scene of occurrence. All of them saw the assault from a distance of 25 to 30 paces. They could not render any help, as the culprits were all fully armed. Sukhlal saw the occurrence from a distance of 10 to 15 paces from the east of the well situate in front of the cattle house of Har Govind Lodhi. They all raised an alarm, but it was of no help. Uma Shankar and Bansidhar were bodly belaboured with the various weapons mentioned above. Uma Shanker was the first to fall down on the ground and die. It appears that perhaps Bansidhar was still resisting the attack and had not yet fallen, because it is said that Ram Swarup fired with his country made pistol at him and then he fell down. Then the two deadbodies were partly dragged and partly lifted and taken towards the east of the village up to BERI GROVE of Uma Shanker and Rameshwar Dayal. Meanwhile the uproar created by the assault and cries of the witnesses, brought Bhan Dass (P. W. 6), his brother Nirpat Singh, Ram Swarup, Ram Adhar and Har Prasad all from village Kaithi which is at a distance of only one furlong towards the south of Badanpura, who came running on the spot. By that time the two bodies had already been taken to the BERI GROVE and when the wit nesses raised an uproar, the accused persons are said to have left them at two different places before running away. They were found lying at points 'b' and 'd' of the site plan Ext. Ka-20 prepared by the Investigating Officer. After the running away of the culprits, the witnesses Rameshwar Dayal (P. W. 1), Shyam Bai (P. W. 4), Sukhlal (P. W. 2) and others went to the spot and found both Uma shanker and Bansidhar dead. Then Rameshwar Dayal came to his house where Shyam Sunder of Badanpura was present. The First information Report was dictated by Rameshwar Dayal and scribed by Shyam Sunder and with it Rameshwar Dayal went to police station, Rath and handed it over to Munnu Singh, Head Constable clerk, who took it down and registered the case. Sub-Inspector Yagya Dutt Rai (P. W. 7) investigated the case. He was present at the Police Station. He interrogated Rameshwar Dayal and came to the scene of occurrence at about 2 p. m. He took charge of the deadbodies and conducted the inquest on the same. Blood was found at both the places where the occurrence had originally taken place and also at the two places where the deadbodies were found lying, and samples were taken.
(3.) DEADBODIES reached the mortuary at Rath on 25-10-76 in the morning and Dr. S. D. Tripathi, Surgeon, Government Male Hospital, Rath performed the autopsies on the deadbodies at 11. 30a. m. and 1. 30 p. m. vide, Exts. Ka-2 and Ka-3. Bansidhar was a young man with average built body and had died about 18 to 36 hours before the time of autopsy. The following ante-mortem injuries were found on his deadbody 1. Gunshot wound of entrance of the size of 2 cm x 2cm. x bone deep on left side of face 1 cm. below ear. There was blackening in an area of 13 cms X 10 cms all around the wound. 2. Two abrasions one of the size 2. 5 cm X 1. 5 cm on outer aspect of left ankle joint and other of the size of 2 cm x 1. 5 cm on outer aspect of k ft heel. 3. Two incised wounds - one of the size 7 cm X 1. 5 cm. x verbetral column deep on the back part of the left side of neck at its root and the other of the size of 7 cm X 1. 5 cm x verbetral column deep on the left side of neck above the previous wound and separated only by flap of skin 2 cm broad. 4. Incised wound 4 cm x 1 cm X bone deep on occipital region of head in mid line. 5. Incised wound 5 cm x 2 cm x muscle deep on left side of head 12 cm from left ear. Incised wound 5 cm x 1 cm muscle deep on right side of head 7 pm above right ear.;