- (1.) B. K. Rathi, J. All the four appel lants have been convicted for the offences punishable under Sections 148,302/149, I. P. C. and have been sentenced to undergo 2 years R. I. under Section 148 I. P. C. and imprisonment for life under Section 302/149, I. P. C. vide judgment and order dated 21. 10. 81 by Addl. Sessions Judge, Aligarh.
(2.) THE case of the prosecution as is unfolded by the documentary and oral evidence on record is that Raksh Pal Singh complainant examined as P. W. 1 resident of Sikandarpur, police station Akrabad, District Aligarh on 5. 11. 90 at about 4 p. m. alongwith Sajjan Singh P. W. 2 and victim of this case Mahipal Singh (deceased) were going to the house of Vijai Pal Singh, younger brother of the deceased Mahipal Singh in town Aligarh from the side of Chharra bus station. Raksha Pal Singh complainant is owner of the bus which runs on the route of Aligarh to Shankara from Chharra bus station, Aligarh. As they reached near the sewer well, they saw Yash Pal P. W. Sand Vedpal coming from the op posite side. As they reached near the north-east corner the sewer well, the ap pellants Narendra Singh and Ranveer fired three rounds of shots from their re volvers at Mahipal Singh all of which caused injuries on the left arm of Mahipal Singh. After receiving injuries, Mahipal Singh tried to run. In the mean time, the appellants Ninnami and Brijendra Singh fired three round of shots at Mahipal Singh which caused injuries on the left side of chest, head and left eye. Mahipal Singh fell down at a distance of about 1-2 steps and died. Ninnami Singh appellant es caped by Motor Cycle No. D. H. Y. 2394 and the other three appellants Vijendra, Narendra Singh and Ranveer Singh by Fiat Car No. R. S. A. 147, on the driving seat of which Jagdish a harden criminal was sit ting and waiting for them. Shankar Pal Singh arrived little after the incident and first information report Ext. Ka-1 of this incident was got scribed by Raksha Pal Singh P. W. 1 from Shankar Pal Singh and he went to police station Civil Lines, Aligarh and gave it there. On the basis of this written report Ext. Ka-1 the chik F. I. R. was prepared by H. C. Raj Pal Singh on 5. 11. 1990 at 7. 15 p. m. He also registered a case in the G. D. Ext. Ka-8. The investigation of the case was shouldered by Sri Prem Pal Singh, Sub-In spector P. W. 6, he immediately went to the place of incident, prepared inquest report of the dead body of Mahipal Singh and other necessary papers and sealed the dead body and sent it for post-mortem examina tion alongwith papers which was carried by Kishan Chand constable P. W. 4. The I. O. also found blood at the spot and took simple and blood stained earth and put the same in the sealed cover then prepared a memo. He also took clothes of the victim, his ring, plastic shoes, Rs. 177. 25 cash, knife and Bins and gave the same in the supurdgi of Ravi Kumar. He also took the banian and Kurta of the victim and then inspected the place of incident and prepared sit-plan Ext. Ka-3. After com pleting the investigation, he submitted charge-sheet against all the four appel lants.
(3.) ALL the appellants of this case pleaded not guilty and alleged that the witnesses have enmity with them and therefore, have falsely implicated them. The appellants examined two witnesses in defence who are Ekbal Ahmad and Udai Singh D. W. 1 and 2. They have not stated anything regarding the facts. They have proved the information received on telephone at the control room, Aligarh on 5. 11. 80 at 5. 05 p. m. which is Ext. Kha-19. The information received was, that some body informed on telephone from Surendra Nagar that Mahipal has been shot dead by some body. It has been proved to show that till 5. 05 p. m. the name of the assailants were not known. The prosecution in support of its case examined as many as six witnesses. Raksha Pal Singh, P. W. 1 is the com plainant of this case who has unfolded the entire prosecution story as narrated above. The reason given by him from going to Chharra bus station is that his buses run from that bus station. In his cross- examination, he stated that he had a house in Mohalla Janakpuri in town Aligarh which is at a distance of about 4-5 furlongs from the place of incident.;