STATE OF U. P. Vs. RAM PRAKASH

JUDGEMENT

(1.) Heard Smt. Manju Thakur, learned AGA for the appellant and Shri Digvijay Singh, learned counsel for the accused-opposite parties.

(2.) The accused-opposite party no.2, namely, Mohan Swarup has died and the appeal qua the accused-opposite party no.2, Mohan Swarup was abated by order dtd. 30/9/2021. Thus, this Government Appeal survives only against the accused-opposite party no.1, Ram Prakash son of Mohan Lal, accused-opposite party no.3, Jagdish son of Janak Singh and accusedopposite party no.4, Shishpal son of Tilak Singh, all residents of VillageBudhaich, P.S.- Sahpau, District- Mathura.

(3.) Briefly stated facts of the present case are that the deceased-Rishal Singh was shot dead by fire arms in the night of 12/13/4/1985 at about 00:30 hours while he was sleeping on a cot at the barn in the VillageBudhaich. A First Information Report being Case Crime No.58 of 1985 under Sec. 302/34 I.P.C., P.S.- Sahpau, District- Mathura was lodged at 1:25 A.M. on 13/4/1985 by the eye witness P.W.-1 (Nepal Singh) son of Geetam Singh, Village- Budhaich, P.S.- Sahpau, District- Mathura, who is the nephew of the deceased-Rishal Singh. In the aforesaid promptly lodged F.I.R., the informant P.W.-1 (Nepal Singh) has imputed the motive and named the accused persons, who according to the F.I.R. version, have killed his uncle Rishal Singh by causing fire arm injuries. As per F.I.R. version, the accused-Ram Prakash son of Mohan Lal armed with gun, Jagdish son of Janak Singh armed with Pauna gun, Mohan Swarup son of Durveen Singh armed with country made pistol and Shishpal Singh son of Tilak Singh armed with lathi came and the aforesaid three accused persons armed with fire arm weapons fired at the deceased-Rishal Singh from a very close distance resulting in his death. As per F.I.R. version, the informant eye witness P.W.-1 (Nepal Singh) and his companion, P.W.-2 (Ram Vilas) had seen the accused persons in the light of a torch, which the P.W.-1 was having with him and a lantern, which was burning and kept beside the deceased-Rishal Singh. A recovery memo was prepared by the Investigating Officer on the same day showing recovery of the torch with four cells and the lamp (lantern). Another recovery memo was prepared by the Investigating Officer on the same day taking samples of earth and the blood found on the spot in two separate containers, which were sealed at the spot. Third recovery memo recovering two empty cartridges of 12 bore and one empty cartridge of 315 bore of brass were recovered from the spot and were sealed. Fourth recovery memo on the same day was prepared by the Investigating Officer for recovery of bedsheet and parts of the cot etc, which were also sealed. Fifth recovery memo of the cot and supurdginama was also prepared on the same day. All these recovery memos bear the signature of witnesses, who were present including the P.W.-5 (Dhan Singh) and informant P.W.-1 (Nepal Singh). Autopsy on the body of the deceased-Rishal Singh was conducted by Dr. Arvind Kumar, who opined the cause of death to be coma due to ante mortem injuries. Following ante mortem injuries were found by the doctor, who conducted the autopsy on the body of the deceased: