- (1.) SINCE these two appeals, one by accused Deeparam and the other by accused Mohan Lal and Khyali Ram, are directed against one and the same judgment of the learned Additional Sessions Judge (1), Hanumangarh, dated October 21, 1981, they were heard together and are disposed of by a single judgment. By the judgment aforesaid, the learned Addl. Sessions Judge convicted and sentenced the accused persons as under: S.No. Accused's name Offence under Section Sentence awarded (1) Mohan Lal(2) 302 and Imprisonment for life; 302/34, IPC 27, Arms One year's rigorous im pri - Act sonment and a fine of Rs. 100/ -, in default of t he pay ment of fine to furthe r undergo one month's li ke imprisonment; (2) Kaliya Ram 302 and Imprisonment for life: 302/34, IPC 25, Arms One year's rigorous im pri - Act sonment and a fine of Rs. 100/ -, in default of t he pay - ment of fine to furthe r undergo one month's li ke imprisonment; 27, Arms As above. Act (3) Deepa Ram 302/34, IPC Imprisonment for life.
(2.) THE accused have come -up in appeal and challenge their convictions. The incident is alleged to have taken place at about 6.00 or 6.30 p.m. on September 17, 1980 in village Dholipal P.S. Sadulshahar district Ganga -nagar, in which two persons Amilal, aged about 30 years, and Kaluram Nayak, aged about 70 years, were gunned down to death. Put briefly, the prosecution case is that PW 13 Mukhram Jat is the brother of the deceased -victim Amilal. PW 8 Joraram and PW 9 Chetram Nayaks are the sons of the deceased -victim Kaluram Nayak. They all reside(d) in village Dholipal. The appellants are residents of village Indrapura. Two of them, viz., Mohan Lal and Khyaliram are the real brothers inter se. In the afternoon on September 17, 1980, the appellants came on a motorcycle to village Dholipal and stopped it near the public road where at a time there was a liquor shop. They started selling illicit liquor to the villagers. Amilal (deceased -victim) went to the accused and told them that they should not sell the liquor in the Abadi of the village. This annoyed the accused persons and they started manhandling Amilal Hearing the commotion, the deceased Kaluram Nayak and his sons Joraram and Chetram went there. Kaluram and his sons reprimanded the appellants that they were selling the illicit liquor and despite their illegal act, were manhandling Amilal. Accused Deeparam thereupon cried aloud that since they were not allowed to sell the liquor by these persons, they should be finished. Accused Khyaliram threw an empty bottle at Kaluram, which hit him on his head. Thereafter the appellants started manhandling Kaluram. Amilal also reprimanded the appellants and told that they should be ashamed of manhandling an old man (Kaluram). Amilal took up a brick piece and pelted it towards the appellants. The brick piece hit accused Mohan Lal. Accused Deeparam then again cried what was the use of keeping the weapons and that those persons should be shot down. Accused Khyaliram took out a pistol. Amilal took to heels. Accused Khyaliram fired the pistol at Amilal which hit him on his back. Amilal fell down and started crawling to save himself. There was profuse bleeding from his gun -shot injury. When Kaluram and others tried to run away, accused Deeparam again cried aloud that the enemies were retreating and none should escape Accused Mohan Lal, who had a D.B.B.L. gun, fired a shot which hit on the back of Kaluram. Kaluram fell down. The appellants again fired some shots, one of which hit Khaja Singh Jat -sikh, who incidently arrived on the spot. Thereafter the appellants mounted on the motor -cycle and sped away towards their village Indrapura. Kaluram passed away instantaneously on the spot while Amilal became unconscious. His condition was becoming precarious at every moment. He was taken in a bus to Sadulshahar Hospital. But he did not survive and passed away in the way. PW 8 Joraram, PW 13 Mukhram and some other persons reached Police Station, Sadulshahar, where Joraram verbally lodged report Ex. P 2 of the occurrence. The police registeted a case and took -up the investigation. The investigation was conducted by the Deputy Superintendent of Police Mr. Jaweriya (PW 12). He first went to the Hospital, Sadulshahar and posted a police constable to keep a watch on the dead body of Amilal. In that very night, he arrived on the spot and noticed the dead body of deceased Kaluram lying at the place of the incident. Since it was night, no further investigation could be taken up. Next day on September 18, 1980, the Investigating Officer inspected the site, prepared the site plan Ex.P 30 and site inspection note. He also prepared the inquest of the dead body of the deceased Kaluram. He noticed 7/8/fired cartridge cases, some wads, one wrist watch, broken pieces of a glass bottle, blood -stained soil and bloodstained pieces of a brick scattered around the place of the incident. He seized and sealed all these articles. He came to the Hospital, Sadulshahar and prepared the inquest of the dead body of Amilal. The post -mortem examinations of the victim's dead bodies were conducted on September 18, 1980 by PW 11 Dr. Goyal the then Medical Officer Incharge, Primary Health Centre, Sadulshahar. The doctor noticed the following ante -mortem injuries on the dead bodies: On the dead body of Amilal (1) Lacerated wound 1/2" x 3/4', x 1/4" in the back of upper 1/3rd of left fore -arm; (2) Lacerated wound 3/4" x 1/2" x 1/6" in the left inter -scapular region; (3) Lacerated wound 1/4" x 1/6" x 1/6" in the left lumber region in the back; (4) Contusion 3/4" x 1/2" in the back of right elbow; (5) Abrasion 3/4" x 1/4" in the back of left elbow; (6) The wound of entrance which is of 1/2" in diameter with inverted edges and bruise was present in between 8th and 9th ribs and 8th right inter -costal space in the back at the posterior axillary fold. It was upwards, forward and medically damaging underlying tissues and lower lobe of lung, and pleura and also right lobe of the liver. Liver and lower lobe of lung severely damaged and lacerated. A pellet was lodged in the tissue of right lobe of liver which was preserved and sealed after paching in glass vial. It was grievous, 8th rib of right side was fractured in the back. Abdominal cavity and thorasic cavity contained semi -clotted and fluid blood.
(3.) INJURIES No. 1 to 5 were simple caused by some blunt weopon while injury No. 6 was caused by a gun shot. In the opinion of Dr. Goyal, the cause of death of Amilal was shock and haemorrhage as a result of fire -arm injury to lung and liver. The post -mortem examination report issued by him is Ex.P 24. On the dead body of Kaluram (1) Firearm wounds: the wound of entrance 1/2" in diameter in middle l/3rd of left posterior axillary fold with inverted and bruised edge. It was running upwards, forward and medially damaging the upper lobe of left lung with pleura and other tissues fracturing 1st rib and inter costal muscle of 1st space. One pellet recovered underlying the skin in subcutaneous tissues in front of left chest; (2) The wound of entrance was 1/2" in diameter 1" lateral to 1st wound in the back which was running upward, forward and medially damaging the upper lobe of lung and fracturing second rib and other tissues severely. Upper lobe severely lacerated and one pellet recovered from 2nd intercostal space in muscle in front of left chest. The edges of the wound were inverted and bruised; (3) Fire -arm wound: the wound of entrance 1/2" in diameter was present in left inter -scapular region 3" lateral to the 1st wound. The edges inverted and bruised. The wound was running upward, forward and medially damaging lower part of upper lobe of lung and severely lacerating it. One pellet was recovered, underlying the skin, in 3rd intercostal space in front of left chest. Subcutaneous tissues fracturing 3rd rib and intercostal muscle also severely damaged; (4) Fire -arm wound: the wound of entrance 1/2" in diameter present in right inter -scapular region, the edges of which were inverted and bruised. The wound was running upward, forward and medially damaging right upper lobe of lung of its upper part. It was severely lacerated, first rib fractured, first intercostal muscle was damaged and one pellet was recovered from infront of right chest in right supra clavicular region in sub -cutaneous tissues; (5) Lacerated wound of 1" x 1/4" x 1/4" was present on left parietofrontal region, which was simple in nature and was caused by any blunt weapon. ;