- (1.) V. P. Mathur, S. Mr. M. N. Kulshrestha, the then IV Additional Sessions Judge Budaun while disposing of Sessions Trial No. 110 of 1978 of his Court, convicted Dharam Dass under Section 302 I. P. C. and Bachey Lal under Section 302 read with Section 34 I. P. C. and sentenced them both to imprisonment for life. This judgment and order is dated 6-9-78 and both Dharma Dass and Bachey Lal have come to this Court through this appeal.
(2.) THE first informant is one Tota Ram resident of village Behta Kaura, Police Station Bisauli, district, Budaun. Dharam Dass is his brother-in-law and to him his real sister Smt. Ram Wati was married. This lady has since died and about one year prior to this occurrence Dharam Dass had married a second woman. Bachey Lal is a distant brother-in-law of Dharam Dass's brother. THEre is some evidence on record to show that Smt. Ramwati was ill for about one year prior to her death and was living with Tota Ram where her treatment was going on. She died after living with Tota Ram for about one year. THEre is also evidence to show that about 11 or 12 biswas of land had been purchased in the name of Smt. Ramwati which is in the actual physical posses sion of Tota ram. THE contention of Totaram is that he had paid for the pur chase of this land while Dharam Dass' contention was that it was his money which was used for the purchase of this land. Dharam Dass is resident of village Tandey Ki Gaunria, which lies within the police station Aonla. , District, Bareilly and this place is 8 to 10 Kose away from village Behta Kayra. Bachey Lal is resident of Ghaziabad. This occurrence took place about 3 or 4 p. m. on 3-1-78 in the open Gher of Tota Ram in village Behta Kaura and the first information report was lodged by Tota Ram at 5. 30 p. m. in police station Bisauli, which is at a distance of 8 kilometers from the scene of occurrence. The prosecution story is that the deceased Shyam Lal who was second cousin of Tota Ram had arrived at Tota Ram's house 2 or 3 days earlier. Search ing for him Dharam Dass and Bachey Lai also came to the village on 8-1-78. They met Tota Ram in his Gher and learnt from him that Dharam Dass had arri ved. Then the followed Tota Ram upto the residential house. There they met Shyam Lal. It is said that: Shyara Lal had advanced some money to Dharam Dass and since it was not paid he had brought Dharam Dass's buffalo and sold it. In that connection Dharam Dass accompanied by Bachey Lal had come to meet Shyam Lal. It is contended that they had talks at the residential house of Tota Ram for some time where they also smoked Bins but thereafter all the three left the residential house and went to the open Gher. The story is that Tota Ram's real nephew Sohan Pal, who was a child of 9 or 10 years accompani ed Shyam Lal, Dharam Dass and Bachey Lal upto the Gher. There, there was some exchange of words between the deceased and the appellants and Dharam Dass shot Shyam Lal dead and then the two appellants ran away from the spot. This informal on was communicated to Tota Ram by Sohan Pal (P. W. 2) and on its basis Tota Ram got the first information report scribed by Sultan Ah mud (P. W. 6) and lodged it in the Thana on 2-1-78 at 5. 30 P. M. The investigate a was made by Sri Chandra Mohan Dixit (P. W. 7) who took the deadbody into custody, interrogated the witnesses and arranged /or the postmortem examination. Dr. R. P. Jauhari (P. W. 1) conducted the post mortem examination on the deadbody of Shyam Lal at 4. 00 p. m. on 9-1-78. His report has bean exhibited and marked as Ext. Ka 2 and according to it, the following ante mortem injuries were noted on the deadbody : 1. Multiple gun shot wound of entry each measuring. 7 cm. + 0. 5 cm surrounded by blackening in an area 8 cm. + 5 cm on front of lower half of neck and adjoining sternum and inner ends of cla vicle. 2. Abrasion 0. 5 cm + 0. 5 cm on the outer aspect of left elbow.
(3.) THE internal examination revealed fracture of the upper part of the sternum at the joint of first ribs, puncture of the apex of the right pleura and trachea below larynx. THE upper lobe of the right lung was also punctured. Aorta of the heart had also been punctured at the thoracic part. THEre was digest ed fluid 2 dozs in the stomach, gases in the small intestine and faeces in the large intestines. In the opinion of the Doctrine the death was due to shock and haemorrhage caused by the ante mortem injuries and the time since death was one day. Seven witnesses were examined for the prosecution. P. W. 1 is Dr. R. P. Jauhari, P. W. 2 is the child witness, namely, Sohanpal. P. W. 3 is the first infor mant Tota Ram. P. W. 4 and P. W. 5 are Jograj and Anokhey Singh, who have been examined to say that immediately after the occurrence when they rushed towards the Gher of the first informant on hearing the sound of the firing, they saw the two accused persons running away from the Gher side, Dharam Dass with a pistol and Bachey Lal with a lathi. Out of these witnesses, Jograj has not supported the prosecution case and says that he did not see anybody running P. W. 6 is Sultan Ahmad who scribed the first information report at the dictation of the first informant and P. W. 7 is the Investigating officer, Mr. Chandra Mohan Dixit.;