BHUREY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. This appeal has been preferred by six appellants, namely, Bhurey Singh, Sardar son of Nanhu Singh, Badri, Kishori alias Khacheru, Liladhar and Sardar son of Nanhu Jatav. The judgment assailed is one dated 30-9-1981 passed by Sri B. N. Sinha, the then V Additional Sessions Judge, Budaun in S. T. No. 133 of 1981. He has convicted all of them under Section 302 read with Section 149 I. P. C. sentencing each to life imprisonment. Badri and Kishori have further been convicted under Section 147 I. P. C. with 1-1/2 years rigorous imprisonment awarded to each of them. The remaining four have been convicted under Section 148 I. P. C. with two years rigorous imprisonment to each of them.

(2.) AMONGST the appellants, Bhurey Singh and Sardar son of Nanhu Singh are real brothers and Badri is son of Bhurey. The remaining three accused allegedly belong to the party of these three. The incident occurred on 23-9-1980 at about 11 a. m. in village Singhadalpur, P. S. Rajpura, District Budaun and the F. I. R. was lodged by an eye-witness Raja Ram P,w. 1 the same day at 1 p. m. The distance of Police Station from the place of occurrence was about 6 Kms. The deceased was one Ram Prasad alias Parsadi who was also the resident of the same village Singhdalpur.

(3.) POST mortem over the dead body of the deceased was conducted by Dr. V. K. Sharma PW 8 on 24-9- 1980 at 3 p. m. The deceased was about 50 years of age and one day had passed since he died. The following ante-mortem injuries were found on his person: (1) Incised wound 12 cm x 1 cm x muscle deep on left side, 3 cm back of the left ear. (2) Incised wound 7 cm x 1. 5 cm x muscle deep on left side, 3 cm above injury No. 1. (3) incised wound 10 cm x 1. 5 cm x bone deep, 2 cm above injury No. 2. (4) Incised wound 10 cm x 1. 5 cm x bone deep on the scalp. (5) Contusion 3 cm x 1 cm on the left side of head, 3 cm above the left ear. (6) Contusion 6 cm x 2 cm on the left shoulder joint. (7) Circular 35 abrasions in diameter of 2 mm in an area of 20 cm x 14 cm on left side of the back. (8) Contusion 6 cm x 2 cm on the back obliquely. (9) Contusion 3 cm x 2 cm on the other side in middle of left thigh. (10) Contusion 1 cm x 1 cm on the left knee joint. (11) Contusion 2 cm x 1 cm on the outer and middle of left leg. (12) Incised wound 3 cm x 1 cm x muscle deep, 6 cm above the right arm. (13) Contusion 5 cm x 2 cm on right shoulder. (14) Abraded contusion 6 cm x 2 cm on the back of left wrist and hand. (15) Lacerated wound 3 cm x. 5 cm x 5 cm on the upper outer part of thigh. (16) Contusion 2 cm x 1 cm x 1 cm on the joint of right knee. (17) One gunshot wound of entry in a diameter of 2. 5 cm, inverted margins, on left hypochondrium region, abdominal cavity deep with stomach lacerated and in the peritonial cavity, one litre blood mixed with unidentified food was found and 35 pellets were also recovered from the stomach.