SUBEDAR Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Srivastva, J. This is an appeal against the judgment and sentence dated 24-11-1980 passed by IIIrd Additional Sessions Judge, Etah in Session Trial No. 44 of 1980, State v. Subedar, Sheoraj Singh, Malkhan and Mohar Singh, under Sections 302 and 307 read with 34, 323 read with 34 and 307 I. P. C. P. S. Amanpur District Etah whereby the learned Additional Sessions Judge has convicted accused Subedar and sentenced him to life imprisonment under Section 302, I. P. C. 5 years rigorous imprisonment under Section 307 read with 34 I. P. C. and six months rigorous imprisonment under Section 323 read with 34, I. P. C. He further convicted and sentenced accused Sheoraj Singh to 7 years rigorous imprisonment under Section 307, I. P. C. , life imprisonment under Section 302 read with 34, I. P. C. and six months rigorous imprisonment under Section 323 read with 34, I. P. C. He further convicted and sentenced the accused Malkhan and Mohar Singh to life imprisonment under Section 302, I. P. C. , 5 years rigorous imprisonment under Section 307, I. P. C. and six months rigorous imprisonment under Section 323 read with 34, I. P. C. All the sentences were made concurrent.

(2.) THE prosecution case in brief is that the house of the complainant Anokhey Lal P. W. 1 was situated in village Ranamau P. S. Amanpur District Etah. Accused Sheoraj Singh, Mohar and Malkhan are cousins. THE accused Subedar is their uncle. THE deceased Ganga Ram was the father of complainant Anokhey Lal, P. W. 2 Smt. Bhudevi and P. W. 3 Smt. Ganga Shree are the sisters of the complainant. In the night of 24/25 July, 1977 the complainant Anokhey Lal and deceased Ganga Ram were sleeping out of their house at the doors. THE other family members were sleeping inside the house. At about 12. 30 a. m. all the above named 4 accused persons came. THE accused Subedar had a gun. Sheoraj had a country made pistol and a torch. THE remaining two accused persons were armed with Lathis. THE complainant also had a torch. When the accused Sheoraj Singh flashed the torch the complainant and the deceased got alarm and fled inside the house. In the mean time the accused Subedar fired a shot at Ganga Ram who collapsed and dead. When the complainant tried to rescue his father the other accused Sheoraj Singh fired upon him by pistol. He was wounded by those shots and was further belaboured by lathis of other two accused persons. THE F. I. R. was lodged at the police station on the same night at 3. 30 a. m. THE chick F. I. R. is Ext. Ka-6 and G. D. report is Ext. Ka-7. THE injuries of the complainant were examined by Dr. Kripal Singh P. W. 7 at 4. 00 a. m. on the same night. He found following injuries : 1. Lacerated wound 5 cm. x 1 cm. x bone tough deep situated on anterior scalp at medial line which was 13 cm. to the glabella of fore head. Margins were irregular. 2. Gun shots wounds above the naval mostly on right side of abdomen and chest were present which were numerous in number in the area below 10 cm. of right axilla and were situated to the lateral and medial part of chest and abdomen. Two gun shot wounds were also present on the left side of abdomen and chest. No other matter was present near the wound. No blackening etc. was present. Only wounds of entrance were noted.

(3.) AFTER usual investigation the Investigating Officer submitted charge-sheet against the accused persons.