NIROTTAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals have been filed against the judgement dated 17-2-1979 by Shri V. M. Kher, IV Additional Sessions Judge, Etah convicting the appellants for the offence punishable under Section 302 read with Section 34 of the I.P.C. and sentencing each of them to undergo imprisonment for life.

(2.) It is said that on 16-3-1976 one Jiwa Ram, who was the resident of village Nagla Moch., P. S. Aliganj District Etah, was murdered. Present accused Sheodan, who is the brother of Jiwa Ram, lodged first information report in respect of that murder naming Rameshwar Dayal, Parmeshwari and Anokhey Lal as accused. In that case the accused persons were subsequently released on bail. That sessions trial was pending when the present occurrence took place. It is said that us a result of the murder accused Sheodan was inimical to Rameshwar Dayal. He used to say that he will not rest till he takes revenge. It is further alleged that on 29-6-1977 at about 6.45 p.m. when deceased Rameshwar Dayal along with informant Amar Singh and witnesses Moonga Lal, Jamadar, Shanti Swaroop and Johari Lal was at the brick-kiln situate at a distance of about 1 km. from the abadi of village Nagla Moch, all the four accused persons reached there armed with country made pistols and guns. Accused Sheodan shouted that it was a good opportunity to take revenge and on that all the accused persons started firing shots resulting in the death of Rameshwar Dayal. The dead body was brought to the chaupal and thereafter the informant Amar Singh accompanied by other witnesses reached the police station Aliganj and lodged the written report (Ext. ka. 1) at 1.00 a.m. on 30-6-1977. The case was registered and the chick report was prepared by C. C. Ram Singh (Ext. ka-2). Investigation in the case was conducted by A.S.I. Natthi Lal, PW-4. He recorded the statements of witnesses and after reaching the place where the body was lying prepared the panchayatnama. The Investigating officer also reached the scene of occurrence and took in his possession the blood stained clay as well as five empty cartridges. The Investigating Officer also prepared the site plan (Ext. Ka-11). After panchayatnama the dead body was sent for postmortem examination. The charge sheet in this case was submitted by S. I. R. N. Sharma, PW-5 after completion of the investigation.

(3.) The post-mortem examination of the dead body of Rameshwar Dayal was conducted by Dr. S. Prasad, PW-6 at 8.00 a.m. on 1-7-1977. The postmortem examination indicates that the deceased received on gun shot injury on the head, one gun shot injury on the right side of chest, another gun shot injury on the back and the fourth gun shot injury on the left arm outer side. The Doctor also found six ounce semi digested food in the stomach and digested food in the small intestine. Some faecal matter was found in the large intestine. Seventy three pellets were also found embedded in the injuries. The post-mortem report (Ext. Ka-16) was prepared at the time of post-mortem examination. According to him the deceased had died one and half dayearlier. He stated that the death could have also been caused at 6.45 p.m. on 29-6-1977. In his cross-examination he has stated that the deceased could have also died at about 12.00 in the night of 29/30-6-1977.