NARAIN Vs. STATE

JUDGEMENT

(1.) Accused appellants - Narain, Lakman and Mohan who were real brothers, were convicted by Sri Sachidanand, the then Sessions Judge, Farrukhabad in S.T. No. 384 of 1980 under Sec. 302 read with Section 34, I.P.C. and further under Section 307 read with Section 34, I.P.C. and were sentenced to undergo imprisonment for life under the first count and 5 years R.I. under second count; both the sentences were to run concurrently, as per his judgment and order dated 24-2-1981, have come up in appeal before this Court.

(2.) The prosecution story, briefly stated, is as follows :The complainant Ram Singh P.W. 2 and the accused appellants were all resident of village Salempur, P.S. Mau Darwaza, District Farrukhabad. Kali Charan deceased was son of injured Puttu Lal PW 1 was a Kishan by caste. The accused appellants, as also their brother Arjun (accused since absconding also during trial) were Jatav by caste. on 14th Sept. 1979, at about 5.30 PW the injured Puttu Lal PW 1 along with his son Kali Charan deceased and Ram Singh PW 2 along with others, namely Premraj, Bishambhar Sohan and Ram Prasad were returning from cattle fare to their village. When they reached in village Pooran Nagla, the accused appellant Narain, Lalman Mohan and Arjun appeared there all of a sudden from the nearby Bajra field. They were all armed with country made pistols. They surrounded the complainant, his father and brother deceased Kali Charan. The complainant and his father tried to run away. Kali Charan deceased was caught hold by accused Arjun. He too got himself released from Arjun and tried to run away. The accused appellants as also their brother Arjun open fire by means of their country made pistols causing injuries to Kali Charan and his father Puttu Lal PW 1 and ran away. Kali Charan succumbed to his injuries at Fatehgarh hospital.An F.I.R. Ex. Ka-8 about this occurrence was lodged by Ram Singh PW 2 at P. S. Mau Darwaza on 14th Sept. 1979 at about 8.25 p.m. which lay at a distance of about 6 miles from the place of occurrence. S.I. Moti Singh PW 3 immediately took up the investigation of the case in his hands. He recorded the statement of Ram Singh as also Puttu Lal, injured, and referred Puttu Lal for his medical examination to Civil Hospital, Farrukhabad. Since the doctor was not available at Civil Hospital Farrukhabad, Puttu Lal was referred for medical examination to Fategharh hospital, where he was medically examined at about 11.25 p .m. on 14-9-1979 by Emergency Doctor, who found the following injuries.1. Multiple gun shot wound of entrance in an area of 10" x 4" on left arm and left elbow on lateral side. Each of size 1/6" x 1/6" x muscle, circular in sharp inverted and lacerated margins.2. Multiple gun short wound of entrance in area of 51/" x 3 1/2" on left side chest. Each of size of 1/6 x 1/6" depth could not be ascertained as probing not done, circular in shape , invested and lacerated margins.

(3.) Lacerated wound 1/4" x 1/4" x muscle on upper lip.In the opinion of the doctor, there was no blackening, tattooing or charring. No wound of exit was present. He advised X-ray with regard to injury No. 1 and 2 for ascertaining bullets. The injury No. 3 was caused by blunt weapon.3. S.I. Moti Singh visited the District Hospital right in the night with a view to record the statement of Kali Charan but he was not in a position to give any statement. He inspected the scene of occurrence and prepared site plan Ex. Ka-10. He recovered certain cartridges of 12 bore and four ticklies from the place of occurrence and prepared recovery memo Ex. Ka-11 about the same. He also recovered blood stained earth and simple earth and prepared recovery memo Ex. Ka-12 about the same. He tried to apprehend the accused, persons, but they were not available. The subsequent investigation into the matter was conducted by S.I. Ram Dutt Srivastava, who after needful investigation into the matter, submitted a charge sheet against the accused appellants as also Arjun showing him as an absconder.