BANGALI Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals have been filed against the judgment and order dated 9.5.2003 passed by learned Addl.Sessions Judge, Bulandshahar in S.T. No. 279 of 2001 ( State Vs. Kalicharan & others) and connected S.T. No. 271 of 2001 ( State Vs. ), convicting the appellants as under:

(2.) The prosecution case, in brief, is that on 6.12.2000 at about 1.30 PM, informant-Atar Singh (P.W.1) was carrying soil for levelling the gali by his bullock cart; when he reached near the house of Shankar, accused- Kalicharan and his sons resisted to carry soil and got the bullock cart returned; due to this, altercations took place and thereafter, the accused went to their house, came back with common object, the accused Kalicharan armed with lathi, Yad Prakash with country made pistol of 315 bore, Bangali with (razor) Chura, Diwan Singh with knife and Smt. Shakuntala Devi having an axe in their hands ; on the noise, Harpal, Sri Ram, Rani Devi wife of Mahipal, Malkhan Singh, Ram Autar, Smt. Saroj, Smt. Rajni, Smt. Rani Devi wife of Atar Singh, Sri Ram, Ved Prakash, Satpal and Amar Singh arrived there; accused Kalicharan exhorted, upon which, accused Yad Prakash fired 4-5 shots from his country made pistol with intention to kill which hit his cousin brother Harpal who died on the spot; a rout started; in the meantime, accused Bangali armed with razor attacked on the sister of informant Rani with intention to kill her on chest; Rani after receiving injury fell down and died; when the informant's side tried to rescue Rani, accused Diwan Singh, Kalicharan, Shakuntala Devi attacked on them with intention to kill , due to which, Malkhan Singh, Ram Autar, Smt. Saroj, Smt. Rajni, Stm Rani Devi received grievous injuries. In the incident, accused Yad Prakash and Smt. Shakuntala Devi also received injuries caused by the accused themselves; the dead bodies of Harpal Singh and Rani Devi were lying on the spot. A written information was given by the informant-Atar Singh scribed by Mangal Singh at the police station. FIR (Ex.Ka.15) was lodged at 14.30 hours and disclosure of this written report was made in GD No. 30 dated 6.12.2000 at 14.30 hours.

(3.) Thereafter, the police started investigation, visited the spot, prepared inquest report of deceased-Rani ( Ex.Ka-23) and other relevant police papers (Ex.Ka-24 to Ex.Ka-30). Subsequently, inquest report of deceased-Harpal Singh (Ex.Ka.31) and other relevant police papers ( Ex. Ka.32 to Ex. Ka.36) were prepared. Recovery memo of blood stained and plain earth (Ex. Ka.5 and Ex.Ka.6), recovery memo of empty cartridges (Ex. Ka.7) were prepared. During investigation, the I.O. recovered country made pistol, empty cartridges and axe ( Ex.Ka.8) on the pointing out of accused. Site plan of the incident ( Ex. Ka. 4), and other papers are Ex.Ka.9 to Ex.Ka.18. After inquest, body was sent to hospital for the post mortem which was conducted by (P.W.3) Dr. R.K. He found following injuries on the bodies of deceased persons;