VED PAL SINGH Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. These three appeals, are directed against the judgment and order dated 20-03-1998, passed by learned Addi tional Sessions Judge, Roorkee, in Ses sions Trial No. 45 of 1996 and Sessions Trial No. 44 of 1996. By the impugned judgment and order, the trial court has convicted appellants Priiam Singh, Pawan Singh, Charan Singh, Ved Pal Singh, Manga @ Mangey Ram and Naresh under Sections 148, 302 read with Section 149 and under Section 307 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred as I. PC.), and each of the convicts has been sentenced to undergo rigorous im prisonment for a period of three years (under Section 148 of I. PC.); rigorous imprisonment for a period of ten years and to pay fine of Rs. 5,000/-, in default of payment of which six months rigor ous imprisonment (under Section 307 read with Section 149 of I. P. C.) and im prisonment for life and to pay fine of Rs. 10,000/-, in default of payment of which rigorous imprisonment for a period of one year (under Section 302 read with Section 149 of I. P. C. ).

(2.) HEARD learned counsel for the parties and perused the entire evidence on record.

(3.) ACCORDING to the prosecution story all the six appellants armed with deadly weapons (firearms) fired at the Isham Singh (deceased) and injured Satish Kumar and Jai Singh, when they along with other eyewitnesses were rais ing a wall over the land purchased by Jai Singh and Bhanwar Singh. Before further discussion, it is therefore, perti nent to mention here the injuries received by the witnesses. ACCORDING to PW. 1 Dr. Ajay Aggarwal, following injuries were found on the person of Satish Kumar, at 06. 40 RM. , on 22-10-1995, in re spect of which report Ext. A-l was pre pared by him : i) Multiple gunshot wound in an area of 15cm x 8 cm on post as pect of lower part of left upper arm going upto left elbow (about 10 in number) varying in size from 2 mm x 2 mm to 2 mm x 5 mm; some rounded and some oval in shape, bleeding present. ii) About five gunshot wound in the left buttock varying in size from 0. 2 cm x 0. 2 cm to 2 cm x 0. 3 cm in an area of 20 cm x 20 cm. iii) Multiple gunshot wound varying in size from 0. 2 cm x 0. 2 cm to 0. 2 cm x 0. 4 cm on whole of back (about 14 in number), bleeding present. In the opinion of the doctor all the injuries were caused by firearm and they were fresh. The same Medical Officer (P. W. 1 Dr. Ajay Aggarwal) examined the injuries on the person of Biram Singh, at about 07:00 RM. at the same Civil Hospital Roorkee, and prepared report Ext. A-2, which shows following injuries : i) Multiple gunshot wound over front of face and forehead vary ing in size from 2 mm x 2 mm to 2 mm x 3 mm with swelling right mandibular region 10 cmx 5 cm, bleeding present. ii) Gunshot wound about 05 in number over right side of neck varying in size from 2 mm x 2 mm to 2 mm x 3 mm in an area of 13 cm x 8 cm extending from just right to supra strand notch to right sub mandibular area. Hi) Multiple gunshot wound varying in size 2 mm x 2 mm to 2 mm x 3 mm (about 05 in number) on anterior medial aspect of right upper arm in an area of about 18 cm x 10 cm. iv) Multiple gunshot wound varying in size 2 mm x 2 mm to 2 mm x 3 mm on right forearm on postaro medial aspect in an area of 2. 5 cm x 15 cm. v) Gunshot wound 2 mm x 2 mm at base of right little finger on posterior aspect. vi) 2 gunshot wound 2 mm x 2 mm in an area of right lumber region (on front ). vii) Lacerated wound 0. 2 cm x cm x muscle deep on right hypothander. viii) Abrasion 1 cm x 1 cm on the front of right ankle. In the opinion of the Medical Of ficer injuries No. (i) to (vi) were caused by the firearm and were fresh.