- (1.) U. S. Tripathi, J. This appeal has been preferred against the judgment and order dated 21-4-1980 passed by Sessions Judge, Hamirpur in Sessions Trial No. 240-A of 1975, convicting the appellants Hukum Singh alias Hakim Singh under Sections 302, 307/34 and 324, I. P. C. and sentencing him to undergo imprisonment for life tinder Section 302,1. P. C. , R. I. for a period of seven years under Section 307/34, I. P. C. and R. I. for a period of 1-1/2 years under Section 324, I. P. C. , convicting the appellant Jai Narain under Section 302/34, 324/34 and 307/34,1. P. C. and sen tencing him to imprisonment for life, R. I. for a period of 1-1/2 years and R. I. for a period of seven years respectively and con victing the appellant Shyam Singh (since dead) under Section 302 read with Sec tions 34, 307 and 324/34, I. P. C. and sen tencing him to undergo imprisonment for life, R. I. for a period of seven years and R. I. for a period of 1 -1/2 years respectively.
(2.) THE prosecution story, briefly stated, was that Bhagwat Singh (40) deceased and the appellants as well as Ramadhin Singh (since acquitted by the trial Court) were residence of village Patara, PS. Korara, district Hamirpur. Ap pellant Jai Narain was the son of Kamadhin and appellant Shyam Singh was son of Maternal uncle of appellant Hukum Singh alias Hakim Singh. Bhagwat Singh had his "khandhar" in his village. Towards north of the said Khandhar there was vacant land. THE above vacant land was surrounded by old boundary wall which had fallen down by lapse of time. Ramadhin who had his house towards east of said vacant land, wanted to make a way towards east of his house through said vacant land. In order to protest his land Bhagwat Singh deceased had dug out foundation in the extreme western corner of said land for raising new boundary wall so that "rasta" might not be made through his land. On the morning of 30-11-1974 Bhagwat Singh deceased was getting con structed the wall in the western side of his vacant land through labourers including Chhutku (P. W.-5 ). He was sitting on Chabutara, infront of his "kotha" and was supervising the construction of boundary wall. At about 10. 00 a. m. appellants Jai Narain, Hukum Singh alias Hakim Singh and Shyam Singh alongwith Ramadhin came out from the house of Ramadhin. Ramadhin was having a "danda", Hakim Singh and Shyam Singh were having guns and Jai Narain Singh was having a country made pistol. Ramadhin exhorted and on his exhortation the appellants Jai Narain, Hukum Singh alias Hakim Singh and Shyam Singh fired on labourers. Sustain ing pellet injury Chhutku (P. W.-5) ran away to the house of Bhagwat Singh, deceased. Observing fire and apprehend ing danger Bhagwat Singh deceased entered into his "kotha" and bolted it from inside, Chhutku (P. W.-5) told to Deo Singh (P. W.-l) the brother of Bhagwat Singh deceased, that appellants and Ramadhin had surrounded Bhagwat Singh. On get ting above information, Deo Singh (P. W.-1) rushed towards spot alongwith his brothers Jai Karan Singh and Mahendra Singh. The appellants Jai Narain Singh, Hukum Singh alias Hakim Singh and Shyam Singh were pushing the uoors of "kotha" and Ramadhin was exhorting from the Chabutara in front of the Kotha, Deo Singh (P. W.-l) challenged the appel lants. Hearing the challenge of Deo Singh (P. W.-l), Bhagwat Singh deceased opened the door of "kotha". The moment door of Kotha was opened Hukum Singh alias Hakim Singh fired on the chest of deceased. Sustaining injury Bhagwat Singh deceased fell down. Appellant Shyam Singh fired on Deo Singh (P. W.-l ). Sustaining injury he sat down. Mohan Singh (P. W.-4) who was coming from the house of Babu Lal Darai also challenge the appellants. Hukum Singh alias Hakim Singh appellant fired on Mohan Singh (P. W.-4) and he sustained pellet injuries. Sadhu Singh (P. W-3) who was also coming from the house of Babu Lal Darai also sustained pellet injury. Jai Karan Singh, theyounger brother of Deo Singh (P. W.-l), grappled with appellant Shyam Singh and snatched his gun. Mahendra Singh chased Hukum Singh alias Hakim Singh, caught him hold and tried to snatch his gun, but he pushed him away and ran away. Shyam Singh and Jai Narain appellants also ran way. Deo Singh (P. W.-l) and other wit nesses put Bhagwat Singh deceased on a Charpai, and took him to his house. A tractor was arranged and Chaukidar and Pradhan were called. Taking Bhagwat Singh, deceased on the tractor they proceeded to P. S. Korara. Bhagwat Singh deceased died in the way. At Korara Bus Stop Deo Singh (D. W.-l) got prepared report (Ext. Ka-1) from Jai Ram Singh and lodged the same at P. S. Korara at 11. 45 a. m. and the gun of appellant Shyam Singh was deposited. Chik F. I. R. (Ext. Ka-10) was prepared by Head Constable Ram Pyare Tiwari (P. W-10) who made an endorse ment of the same at G. D. report (Ext. Ka-44 ). He also took into possession the gun of Shyam Singh deposited by Jai Karan Singh and prepared recovery memo (Ext. Ka-45) and made an endorsement of the same at G. D. report.
(3.) THE investigation of the case was taken by Sri A. P. Chaturvedi (P. W.-9 ). He conducted inquest of the deadbody of Bhagwat Singh deceased at police station and prepared inquest report (Ext. Ka-11), diagram of the deadbody (Ext. Ka-12) challan lash (Ext. Ka- 13) and letter for post-mortem (Ext. Ka-15 ). He sealed the deadbody and handed over to Constable Narain Singh and Chaukidar Narrottam for escorting the same for post-mortem. THE Investigating Officer interrogated Jai Karan Singh at police station and sent the injured for medical examination. Deo Singh (P. W.-l) was medically examined on30-ll-1974at2. 15 p. m. by Dr. VK. Tandon (P. W.-2), who found gun shot wounds on right arm, right hand, chest, left arm and right thigh and prepared injury report (Ext. Ka-2 ). He also examined Mohan Singh (P. W.-4) at 2. 45 p. m. and found lacerated wound and gun shot wounds on his person and prepared injury report (Ext. Ka-3 ). He also examined Sadhu Singh (P. W -3) at 3. 05 p. m. and Chhutku (P. W.-5) at 3. 15 p. m. and found grazing abrasions on their per son and prepared injury reports (Ext. Ka-4 and Ka-5) respectively.;