OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) All these appeals arise out of the same judgment and order dated 30.9.1981 rendered by IIIrd Additional Judge Unnao, in S.T. No. 311 of 1980 State Vs. Om Prakash and four others , where by all the five accused-appellants have been convicted under sections 148 and 395, I.P.C. and sentenced them to undergo 2 years' and 7 years' R.I. respectively; accused Kishan has further been convicted under Sec. 302, I.P.C. simpliciter and rest of the accused under Sec. 302/149, I.P.C. and all of them have been sentenced to imprisonment of life, accused Om Parkash and Raj Kumar have further been convicted under Sec. 307, I.P.C. and sentenced to undergo 10 years' R.I. and accused Khinna, Matai and Kishan have further been convicted under Sec. 307/149, I.P.C. and sentenced to undergo 7 years' R.I. All the sentence have been ordered to run concurrently. Factual matrix is as under :

(2.) Injured Bhikha was medically examined by Dr. V.K. Bhatia P.W. 1 who found two gun shot wounds of entry, one on the left and auxiliary line, 11 cms. below left axilla, and the other over ulner side, palmer aspect of the right hand below the base of right little finger respectively. Laceration and tattooing were present around the wounds. He also found a gun shot wound of exit over radial side of dorsum of right wrist and lenier abrasion in front of right shoulder. His injury report is Ext. Ka-1. In the opinion of the doctor, gun shot injuries were grievous and could have been caused at the time of incident. He also opined that gun shot wounds could be caused by firearm and levier abrasion could be caused by fall.

(3.) The F.I.R. version regarding date, time and place is fully supported by the ocular evidence of constable Mohd. Mustafa P.W. 6, who had prepared the check report on the basis of written report and entered the case in the general diary, S.I. Sheo Lakhan Singh, who investigated the case, prepared the inquest report, site-plan of the place of occurrence and found empty cartridges, its cork and wads at the places where Bhikha sustained injuries and Shyam Lal was fired. The injury reports of Bhikha P.W. 4 prepared by Dr. V.K. Bhatia, complainant Piyare Lal P.W. 3, prepare by Dr. Satya Prakash and the postmortem report of deceased Shyam Lal, prepared by Dr. S.M. Tripathi, fully established the date, time and manner of occurrence. It is also relevant to mention that these doctors have not been cross-examined at all by the defence.