SHIV KUMAR SHARMA,J. - (1.) THE appellants, five in number, were put to trial before learned Additional Sessions Judge Bayana (Bharatpur) in Sessions Case No. 66/1995, who vide Judgment dated March 5, 2001 convicted and sentenced them as under: Prem, Panda, Dilip, Bharat and Abhay Singh: Under Section 302/149 IPC: Each to suffer imprisonment for life and fine Rs. 100/ -, in default to further suffer seven days rigorous imprisonment.Abhay Singh: Under Section 307 IPC: To suffer rigorous imprisonment for five years and fine Rs. 100/ - in default to further suffer seven days rigorous imprisonment.Prem, Panda, Dilip and Bharat: Under Section 307/149 IPC: Each to suffer rigorous imprisonment for five years and fine Rs. 100/ - in default to further suffer seven days rigorous imprisonment.Prem and Panda: Under Section 147 IPC: Each to suffer rigorous imprisonment for six months.Dilip, Bharat and Abhay Singh: Under Section 148 IPC: Each to suffer rigorous imprisonment for one year.Substantive sentences were ordered to run concurrently.
(2.) IT is the prosecution case that informant Gyan Singh (Pw.4) submitted a written report (Ex.P -8) at Police Station Bayana on May 23, 1995 with the averments that his nephew Hansraj entered into marriage with Prem daughter of Ram Lal and sister -in -law of Sujan. Because of this reason in the preceding night around 12.30 AM Sujan and other accused persons came armed with Guns and lathe. Prem and Panda started beating with lathes to Harbhan whereas Sujan, Dilip, Abhay Singh and Bharat opened fire as a result of which Harbhan died and Hansraj received injuries. On that report a case Under Sections 147, 148, 149, 307 and 302 IPC was registered arid investigation commenced. After due investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Bayana (Bharatpur). Charges Under Sections 147, 148, 302 and 307/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 16 witnesses. In the explanation Under Section 313 Cr.P.C., the appellants claimed innocence. No witness in defence was however examined. On hearing final submissions learned trial Judge convicted and sentenced the appellants as indicated herein above. We have heard the rival submissions and scanned the material on record.
(3.) DEATH of Harbhan was homicidal in nature. Vide Post Mortem Report (Ex.P -14) following ante mortem injuries were found on the dead body: 1. Gun shot wound (i) Wound of entry oval wound 1cm x 3/4 cm blackened and inverted margins in It. Iliac region 10cm away from umbilicus (ii) Wound of exit 5cm x 4cm with everted and irregular margins with expulsion of small gut through this wound in left lumber region. Dr. Shri Ram Kumar Gupta (Pw.14), who conducted autopsy on the dead body deposed that the cause of death was hemorrhagic shock by gun shot wound over abdomen causing injury to small intestine, large intestine and iliac bone right. ;