BUDH SINGH Vs. STATE OF UP

JUDGEMENT

(1.) The Appellants have preferred this appeal being aggrieved by and dissatisfied with the judgment and order dated 1-9-1999 passed by the High Court of Allahabad in Criminal Appeal No. 2079/93, whereby and whereunder the judgment and order dated 13-8-1993 passed by the IVth Additional Sessions Judge, Moradabad in S.T. No.604/2002 acquitting the Appellants herein for commission of offences under Sections 148, 302 and 307/149 of the Indian Penal Code (IPC, for short) and under Section 27 of the Arms Act, 1959 was reversed convicting them under Sections 148, 307/149 and 302/149 of the Indian Penal Code for intentionally causing death of one Ram Gopal (deceased) and his wife Chatarvati, as also for attempt to commit murder of their son Rajveer Singh (the first informant).

(2.) Appellant No.1-Budh Singh, Appellant No. 2-Prem Singh and Appellant No. 3-Jagan Singh are real brothers. The Appellant No. 4-Mahesh Singh is son of Budh Singh, whereas Appellant No. 6-Rajendra Singh is son of Prem-Singh. Appellant No. 5-Ram Raj is not related to other Appellants, but he is stated to be belonging to the group of the other appellants. The deceased-Ram Gopal owned agricultural land towards west side of the village Lalapur Pipalsana. Some lands belonging to the Gram Samaj were situate adjoining the said land. Appellant No. 1-Budh Singh and one Kanhai were said to have illegally occupied about 40-45 bighas land of the said Gram Samaj. They allegedly intended to take possession of the land belonging to the deceased on the pretext that the same also belonged to Gram Sabha. The dispute between the parties in regard to the said land had been pending for a long. At about 9.00 p.m. on 12-4-1992, the deceased and his wife Chatarvati were said to be irrigating their sugarcane field with the help of motor pump. It was said to be a moonlit night. A lantern had also been kept hanging from a nearby tree. The Appellants, at that point of time, allegedly came to the agricultural land of the deceased. Appellant No. 1-Budh Singh was said to be armed with double barrel gun, whereas Prem Singh, Jagan Singh and Ram Raj were armed with country made guns and Mahesh and Rajendra Singh were said to be armed with country made pistols. They stopped running of the motor, as a result whereof there had been exchange of abuses. The appellants allegedly said that the land belonged to Gram Samaj and they would cultivate the same. At that Time, hearing the noise, Chet Ram-P.W.-2, Shiv Singh-P.W.3, Veer Singh and Sawan Singh allegedly arrived at the place of occurrence. They were allegedly having torches in their hands. The Appellant No. 1-Budh Singh allegedly fired from his gun upon Ram Gopal, whereas Appellant No. 5-Ram Raj fired a shot on the wife of the deceased-Chatarvati. Appellant No. 6-Rajendra Singh is said to have fired a shot on Rajveer Singh. Other accused persons also stated to have fired from their respective weapons. On receiving injuries on their person, both Ram Gopal and his wife Chatarvati ran a few paces, but fell down dead at some distance. P.W.1-Rajveer Singh, who was, at the material time, about 16 years old, thereafter went to the house of one Hori Singh and scribed a First Information Report (FIR). He, thereafter, went to the Thakurdwara Police Station in a tractor belonging to one Jagraj Singh accompanied by two persons, namely, Chet Ram-P.W.2 and Veer Singh. The police station was situated, at a distance of about 28 kms. from the place of occurrence. He lodged a First Information Report at about 00.25 hours, 13-4-1992. The said FIR was dispatched to the Court at about 6.25 a.m. on 13-4-1992, but the same reached the Court on 18-4-1992. At the police station, one R.A. Singh, Sub-Inspector was present. A wireless message was also allegedly sent at about 1.00 a.m. to P.W. 7-S.P.S. Thomar, S.I. of the police station, who was, at the relevant point of time, posted at the police outpost Suraj Nagar. The said P.W.7- S.P.S. Thomar reached the place of occurrence. He found the dead bodies lying on the field. He also made an attempt to arrest the accused in the night. In the meantime, P.W. 1, who had also received a gun shot injury, was examined by P.W. 4-Dr. S.K. Verma, the Medical Officer (In-charge) of the Primary Health Centre, Thakurdwara at about 4 a.m. on 13-4-1992. He advised P.W. 1 that an X-ray of the injured part of the body required to be taken. X-ray, however, was taken on 18-4-1992 by P.W.6-Dr. Om Mehrotra, Senior Radiologist, District Hospital, Moradabad, who found an opaque substance which, according to him, was a metallic pellet seen in upper part of right arm of P.W.1.

(3.) P.W. 1 allegedly came back to his village at about 6 a.m. in the morning. The inquest of the dead bodies started at 8 a.m. and concluded at 9.30 in the morning on 13-4-1992. The dead bodies were sent in a tractor for autopsy at about 12-12.30 during the day time by P.W. 5-Constable Chandra Sen. The post-mortem examination of both the dead bodies were, however, not done on 13-4-1992, because no autopsy surgeon was available. The post-mortem of the deceased was carried out by P.W.9-Dr. Madan Mohan, G.D.M.O., Central Police Hospital, Moradabad on 14-4-1992. The ante-mortem injuries found on the dead bodies are as under: