RAJESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) IMTIYAZ Murtaza, J. The above eight appeals have been preferred by 14 appellants against the judgment and order dated 20- 1-2000 passed by Sri Naresh Singh, II Additional Sessions Judge, Farrukhabad in Session Trial No. 332 of 1995 convicting the appellants Rajeshwar, Ram Veer, Raj Veer, Om Veer, Ram Sewak, Daya Shankar, Ram Prakash alias Lojhari and Radhey under Section 302 IPC read with Section 149 IPC and sentencing each of them to death and fine of Rs. 10,000 and in default of payment of fine further imprisonment of two years each. The appellants Pati Ram alias Patanga, Rajesh alias Tillu, Ved Ram, Ram Sanehi, Ram Baran and Ramuwa were convicted under Section 302 IPC read with Section 149 IPC and sentencing each of them to imprisonment for life and a fine of Rs. 10,000 each and in default of payment of fine further imprisonment of two years each. All the appellants were further convicted under Section 148 IPC and sentenced them to undergo rigorous imprisonment for two years under Section 307 IPC read with Section 149 IPC they were sentenced to undergo rigorous imprisonment for 7 years and under Section 436 IPC read with Section 149 IPC they were sentence to undergo rigorous imprisonment for 5 years. All the sentences have been ordered to run concurrently.

(2.) SINCE all these appeals arise out of the same judgment hence these are taken up together for decision by a common judgment.

(3.) THE following ante-mortem injuries were found on the dead-body of Manjoo Singh:- (1) Fire-arm wound of entry 2. 5 x 2 cm x through & through on left side of head temporal region 4 cm. above & in front of left ear, margins inverted and charred, underlying bone margins & brain lacerated. Communicating wound of exit 5 x 3. 5 cm. on right side head just above P. T. ear, Margins everted & charred. (2) Gun shot wound of entry 3 x 2. 5 cm x chest cavity deep on right nipple of chest 8 cm. lacerated nipple at about 12 O'clock. Margins inverted 7 charred. On dissection fractured 3rd rib, right lung lacerated, chest cavity full of blood.