B.K.Rathi, J. - (1.) ALL the four Appellants 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 21.10.1981 by Addl. Sessions Judge, Aligarh.
(2.) THE case of the prosecution as is unfolded by the documentary and oral evidence on record is that Raksha Pal Singh complainant examined as P.W. 1 resident of Sikandarpur, police station Akrabad, District Aligarh on 05.11.1980 at about 4 p.m. along with Sajjan Singh P.W. 2 and victim of this case Mahipal Singh (deceased! we 're 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 buses which run 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. 5 and Vedpal coming from the opposite side. As they reached near the northeast corner of the sewer well, the Appellants Narendra Singh and Ranveer fired three rounds of shots from their revolvers 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 meantime, the Appellants Ninnami and Brijendra Singh fired three rounds 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 escaped 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 hardened criminal was sitting 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 05.11.1980 at 7.15 P.M. He also registered a case in the G.D. Ext. Ka -8.
(3.) THE investigation of the case was shouldered by Sri Prem Pal Singh, Sub -Inspector 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 examination along with 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. l,77.25p. cash, knife and Biris and gave the same in the superego of Ravi Kumar. He also took the banian and kurta of the victim and then inspected the place of incident and prepared site -plan Ext. Ka -3. After completing the investigation, he submitted charge -sheet against all the four Appellants.;