RAMBIR SINGH Vs. STATE O

JUDGEMENT

(1.) IMTIYAZ Murtaza, J. The above appeals have been filed against the judgment and order dated 12. 6. 1991 passed by Special Judge (B. C. Act), Aligarh in S. T. No. 159 of 1990 convicting and sentencing the appellants to undergo for life imprisonment under section 302/149 I. P. C. , under section 307/149 I. P. C. to undergo R. I. for 5 years, under sections 452 and 148 I. P. C. to undergo 2 years R. I. each. Both the appeals have been heard together. The Criminal Appeal No. 1146 of 1991 shall be treated as the leading appeal.

(2.) IN this case, the incident has its genesis in the election rivalry between the, accused persons on one hand and the deceased on the other hand. The occurrence is stated to have taken place at about 4. 30 p. m. at Nagla Danda within the circle of P. S. Pisawa. The fracas, it would appear, erupted when the accused persons imputed the First INformant to have prevented certain persons from voting in a recently concluded election for Member of legislative Assembly. INitial bickering conflagrated into frayed temper and then followed the assault resulting in the loss of two lives and injuries to as many as seven persons. The first informant is one Man Singh who lodged the F. I. R. at Police Station Pisawa on 23. 11. 1989 at 7 p. m. The village where the incident occurred lies at a distance of about 15 Kms from the Police Station.

(3.) THE autopsy on the' bodies of Preetam Singh and Tek Chand was conducted by Dr. R. P. Gupta. THE Doctor found following ante mortem injuries on the person of the deceased Preetam Singh : 1. Gun shot wound of entry measuring 0. 6 cm. x 0. 6 cm x cavity deep to 0. 8 cm x 0. 8 cm x cavity deep on the following part. One at each part (i) Middle of Menubrium sterni. (ii) Epigastrium. (iii) 6 cm below the umbilicus at 5 O'clock position. (iv) (Lt.) side of chest 8 cm. Below the nipple at 6. 30 O'clock position. (v) Upper part of (Rt) exilla. (vi) (Rt.) side of abdomen 20 cm. Away from umbilicus at 10 O'clock position. No wound of exit seen. No blackening & charring seen. 2. G. S. Wound of entry (Lt) front of (Rt) elbow joint. No wound of exit. No blackening & charring seen. Measuring each 0. 8 cm. x 0. 8 cm. x skin to muscle deep, causing of humerus & radius and ulna (Rt) side. THE doctor opined the death due to shock and hemorrhage as a result of injuries.