DAHARI Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. The appellants herein have been convicted by Additional Sessions Judge (Court No. 4), Azamgarh in S. T. No. 215 of 1991 for alleged commission of offences punishable under Sections 320/149 and 148, I. P. C. on the allegation of forming an unlawful assembly and constructively committing murder of one Tej Bahadur Singh (hereinafter called the deceased) aged 28 years by causing fire arm injuries. The judgment was passed on 7-9-2005 whereby he awarded the sentence of imprisonment for life under Sections 302/149, I. P. C. and one year rigorous imprisonment under Section 148, I. P. C. and also to pay a fine of Rs. 10,000/- on each count, and in default to further undergo a term of four months rigorous imprisonment to all the accused appellants, all the sentences were made to run concurrently.

(2.) INFORMANT PW-1, Man Bahadur, PW-2, Raj Bahadur, Jay Bahadur, Narendra Bahadur and the deceased are real brothers, all residents of Village Kiratpur, District Azamgarh, PW-1 serving in P. W. D. Department, Ballia, while deceased Tej Bahadur was an operator in Nagar Palika, Azamgarh.

(3.) POST-mortem of the dead-body was conducted by PW-6, Dr. A. K. Pandey, a Surgeon of District Hospital, Azamgarh on 7-9-1990 at 4. 30 p. m. by post-mortem report Ex. Ka-13, and he found him half a day back dead, and the following ante-mortem injuries, on the person of deceased. EXTERNAl (1) Gun shot wound of entry half cm x half cm x chest cavity deep irregular margin situated on left pictoral area five cm below left nipple. (2) Gun shot wound of exit Three cm x two cm x through eight cm lateral to thoracic-3, communicating to injury no one directing backward horizontally. (3) Gun shot wound of entry 2. 4 cm x cavity deep situated over lateral part of back fourteen cm below and in line to left shoulder joint with irregular margin. (4) Gun shot wound of Exit 4 cm x 3 cm Through on right pectoral area eight cm above RT nipple at Ten O'clock position communicating to injury number three. (5) Gun shot wound of entry one cm x one cm x cavity deep with irregular margin situated on back at throacic-5. (6) Gun shot wound of Exit two cm x one cm x through, ten cm lateral to left nipple communicating to injury number five. (7) Gun shot wound of entry one cm x one cm x bony deep irregular margin with multiple abrasion on right half of face and neck and fracture of scapula and humerus bone was found. (8) Gun shot wound of Entry one cm x one cm x muscle deep irregular margin, five cm left lateral to L4 spine. (9) Gun shot wound of Exit two cm x two cm x muscle deep situated on middle of Right Glutal area communicating to injury number eight. NOTE - No Blackening, Tatooing present except injury no seven. INTERNAL EXAMINAT1on : In thorax fracture of Vth left rib and fracture of left IVth rib pleura lacerated, both lungs injured, heart and pericardium injured. About two litre of blood was present in thoracic cavity. In abdomen semi digested food material two fifty gm. Present in form of rice and pieces of Roti were identified. Both intestines were filled with gases, pasty and faceal matter. Gall bladder was half full. The doctor opined the cause of death due to shock and Haemorrhage as a result of ante-mortem injuries. One cylindrical metallic body was recovered from right side neck on it's opening. The earth, cylindrical metallic body alongwith the clothes collected from the dead-body of the deceased were sent by the doctor to the Investigation Officer.