- (1.) M. C. Jain, J. There are five appel lants, namely, Ram Manohar, Sheo Dulare, Hira, Babu Lal and Moti Lal. They have preferred this appeal against the judgment and order dated 2nd of August, 1980 passed by Sri N. K. Maheshwari the then II, Additional Sessions Judge, Fatehpur in Sessions Trial No. 195 of 1979. Out of them Hira Lal has been convicted under" Section 147 IPC, and sentenced to one year's rigorous imprisonment. He has fur ther been convicted under Section 302 read with Section 149 IPC, and sentenced to undergo imprisonment for life. He has also been convicted under Section 323, IPC simpliciter and sentenced to one year's rigorous imprisonment. The remaining four appellants have been convicted under Section 148 IPC and each of them has been sentenced to two years rigorous imprison ment. Each of them has further been sen tenced under Section 302/149 IPC and sen tenced to life imprisonment. Each of them has also been convicted under Section 323/149 IPC and sentenced to one year's rigorous imprisonment. All the sentences of each accused have been directed to run concurrently.
(2.) THE appellants Ram Manohar and Sheo Dulare are real brothers. THE appel lant Babu Lal is the son of the sister of the wife of Ram Manohar and the appellant Moti Lal is the brother of the wife of Ram Manohar. THE appellant Hira is said to be on family terms with the remaining appellants. The murder of one Ram Pal is involved in the case which took place on 9-6-1976 at about 9. 30 p. m. in village Deoli, P. S. Thariyawan, District Fatehpur. The FIR of the incident was lodged at the concerned Police Station Thariyawan by the deceased's brother Jagat Pal on 10-6-1976 at 6. 30 a. m. the distance of the Police Station was three kilometres. It had been scribed by Sunder Lai, PW 5. The inform ant Jagat Pal died a natural death before his evidence could be recorded in the trial. The prosecution case as per the FIR and the evidence adduced in the Court was that at about 5 p. m. on the day of occurrence the deceased Ram Pal was taking his cattle for grazing towards his field. When the cattle reached near the door of the ac cused- appellants Ram Manohar, they started eating his grains spread on a cot. Ram Manohar took ill of it and an alterca tion between him and the deceased Ram Pal took place. Ram Manohar had then abused Ram Pal and offered threats to him. On return from the field with cattle. Ram Pal informed his brother Jagat Pal of what had happened. His wife Smt. Jamuna Devi P W 3 also heard the conversation between Raj Pal and Jagat Pal in this behalf. The same night at about 9. 30 p. m. Ram Pal was sitting on a cot in the open land situated in the north of his house. Chhangu, P W1 was also sitting there and talking with him. The deceased complainant Jagat Pal was also there. Smt. Jamuna Devi, PW 3 wife of Ram Pal was also sitting just near and outside the main door of her house open ing towards northern side. The five ac cused-appellants came over there from the western side. The accused- appellant Hira Nai was armed with a lathi whereas the remaining four were armed with guns. It was a moonlit night. Accused-appellant Ram Manohar said that it was a good opportunity to kill him. Ram Pal got up from the cot and ran towards the eastern side. The appellants chased Ram Pal. After covering a distance of about 5-6 paces towards the eastern side the accused-ap pellant Sheo Dularc and Babu Lal opened fire on Ram Pal but the shots missed the target and hit the bullock of Manni Lal PW 4, tied on his cattle trough in the eastern side. The bullock died. Ram Pal turned to and ran towards south and reached under the thatch of Jagat Pal. Chhangu, PW 1 and Jhalloo also ran and reached near the cat tle trough of Manni Lal PW 4 along with Jagat Pai and Smt. Jamuna Devi, PW 3 Ram Manohar fired a shot from his gun which hit Ram Pal at the back head when he was near the thatch of Jagat Pal. Ram Pal entered the Kothri of Jagat Pal and turned towards the east. He wanted to close the door. Just then the accused- ap pellant Moti fired on him which hit him in his abdomen. Ram Pal fell down on the ground inside the Kothri and died. At that time Kesariya, wife of Jagat Pal was cook ing food under the thatch. When Ram Pal fell down, his wife Smt. Jamuna Devi, P W3 reached near the thatch weeping and wail ing. The accused-appellant Hira Nai then struck 2-3 lathi blows on her. The witnesses continued to raise alarm from near the cattle trough of Manni Lai, PW 4. The accused persons ran away towards the southern side. Thereafter all the witnesses went inside the Kothri where Ram Pal was lying dead. Sunder Lal PW 5 is the son of the sister of the deceased and is resident of village Taksaria. After the incident, he was called through Ram Sahai and the report Ex. KA 3 was dictated to him by Jagat Pal under the thatch. On its lodging it at the Police Station next day at 6. 30 a. m. by Jagat Pal a case was registered and investigation was started by ASI Rajednra Kishore, PW 6 but was concluded by SO Ram Mohan Rai. After the investigation a charge-sheet was laid against the accused- appellants who were tried and convicted and sen tenced as stated earlier. It would be useful to state here that post-mortem over the dead body of the deceased Ram Pal was conducted by Dr. Avinash Chand Srivastava, PW 2 on 11-6-1976 at 12. 30 p. m. As per the post-mortem report Ex Ka-1 the deceased was aged about 42 years and about 1-1/2 day had passed since he died. The following ante-mortem injuries were found on his person. (1) Gun shot wound of entry 1" x 1" x through and through over abdomen 6" below ft. nipple. Blackening and tattooing were present. Directed from interior to posteriously. Margins inverted. Spleen, left kidney and large intestine were lacerated. Wadding pieces were recovered from spleen. (2) Gun shot wound of exit (8 in number) each measuring 1/4" x 1/4" in an area of 4" x 3" on left side of back 1" above iliac crest. No blacken ing was present. Margins were everted. These are the exist wounds of injury No. 1. (3) Gunshot wound of entry 1-1/2x1-1/2" x through and through on the back of head at the level of and 3" behind left ear. Fracture of 1st and 2nd cervical vertebra present. Brain, larynx, trachea and tongue were lacerated 25 small shots were recovered from the brain and 32 from the mount and mandible. Multiple frac tures of mandible were present. (4) Gun shot wound of exit 4" x 1-1/3" on chins. Margins were everted and lacerated. This is also exit wound of injury No. 3.
(3.) THE Doctor took out 57 pellets and few pieces of wadding from the dead body of Ram Pal. THE death had occurred due to shock and haemorrhage as a result of firearm ante-mortem injuries. The injuries of Smt. Jamuna Devi, PW 3 had been examined on 10-6 1976 at 8. 40a. m. which were as follows: (1) Lacerated wound 3/4" x 1/10" x skin deep on the left side of face 2" behind the left angel of mouth. (2) Lacerated wound 2/10" x 1/10" on the outer surface of pinna of left ear in the middle. (3) Contusion 1-1/2" x 1-1/2" on the right side of forehead 1/2" above the right eyebrow. Colour was red.;