Chandra Dhari Singh, J. - (1.)The instant criminal appeal has been preferred on behalf of the accused-appellant against the impugned judgment and order dated 28.8.2002 passed by the Additional District & Sessions Judge/Fast Track Court No. 2, Meerut whereby the accused-appellant has been convicted and sentenced to serve out life imprisonment in Sessions Trial No. 864 of 1997 (State vs. Sriram and others) under Sections 302 IPC, Police Station Hastinapur District Meerut .
(2.)The emanation of facts giving rise to the prosecution in short conspectus is that a first information report was lodged on 5.11.1996 at about 45 p.m. with respect to the incident dated 5.11.1996 occurred at about 8.30 a.m. with the allegation that the complainant with his brother Arvind and Janam Singh was standing in vicinity of his village under the passenger shed in search of bus for going to Mawana. Dinesh s/o Hardwari Singh Chauhan was also standing there in search of the bus . On the fateful day at about 8.30 AM, Sriram, who was resident of village Kishorepur came there in association of three persons equipped with country made pistol. They came there and fired with their respective weapons at Janam Singh, brother of the complainant and Dinesh. They sustained fatal firearm injuries as a result of which died on the spot. The complainant and his brother (Arvind) raised alarm and noise in order to save them. On hearing hue and cry raised by them, a number of villagers gathered on the spot. All the four miscreants ran towards sugarcane field after committing murder of Janam Singh and Dinesh Kumar. The accused appellant (Sriram) was a hardcore and notorious criminal. On account of his trepidation and terror, the complainant could not muster courage to go to the police station immediately for registering the first information report. On the basis of tip off of the complainant (Ravindra Singh), the FIR was registered against the applicant and three unknown persons at police station Hastinapur District Meerut vide Vase Crime No. 194 of 1996 under section 302 IPC. Dead body of Janam Singh and Dinesh Singh was lying on the spot. The FIR was registered against the accused Sriram and three other unknown persons.
(3.)After lodging of the FIR, the investigating officer swung into action and recorded the statement of the complainant and reached at the place of incident. After conducting the requisite formalities, Panchayatnama of both dead bodies were prepared on the same day in the mid of 4.00 PM to 5.00 PM in accordance with the procedure prescribed. Thereafter, the copy of chik, copy of report, photo lash, chalan lash, report R.I., report C.M.O. and sample seal along with both sealed dead bodies were sent to the mortuary for the autopsy. Postmortem of both the dead bodies were conducted in District Hospital in the interregnum period of 4.00 to 5.00 P.M on 6.11.1996.