SHIV RAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal from the judgment and order of Sri B N.Mohilay, IV Additional Sessions Judge, Aligarh by which he convicted the appellants-Tula Ram, Kalyan Singh alias Kallu, Mahraj Singh, Gajraj Singh and Shiv Raj Singh-under Sections 302/149 and 307/149 I. P. C. and sentenced each one of them to imprisonment for life under the first count and seven years' R. I. under the second count. Tula Ram and Kalyan Singh alias Kallu were further convicted under Sec. 147 I. P. C and were sentenced to one year R. J. each while Mahraj Singh, Gajraj Singh and Shiv Singh were convicted under Sec. 148 I. P. C. and were sentenced to two years' R. I. each.

(2.) THE person who lost his life in this case was one Boondi Singh. He was resident of village Mehka, P. S. Atrauli, district Aligarh. THE appellants also are residents of village Mehka. THEy belong to one family-appellant Tula Ram being the father and the other appellants his sons. Boondi Singh deceased was the nephew of appellant Tula Ram. THE house of tine appellants is quite close to the house of Boondi Singh deceased.

(3.) BOONDI Singh died in the hospital on the same day at 11. 15 P. M. The post-mortem examination on his dead body was conducted by Dr. S. K. Saxena on 10-1-1973. He found the following antemortem injuries on the dead body: 1. 29 gun-shot wounds of entry each measuring 1/10" x 1/10" on the chest and abdomen left side in an area of 14" x11". The skin around the wounds was normal and each wound was circular and lacerated with inverted margins. 2. 5 gun-shot wounds of entry each measuring 1/10" x 1/10" on the lower and front part of the chest right side and the upper and front of abdomen, in an area of 7" x 2"; the wounds were circular, lacerated with inverted margins.