Naraini PW 9 sister of Ram Narin along with other ladies of the house was sleeping in the Zanana section.
5, 6 7 which were gunshot injuries.
It was admitted by him that injuries Nos.
The reason for imposing the lesser penalty on Sardare given by the High Court was that the pistol shots which had been fired by Brahm Singh might have caused the instantaneous death of Rajendra and phaora blows were given only subsequently by Sardare.
The other seven persons were companyvicted.
As regards the sentence imposed on the appellants we see numberreason to interfere except with regard to Brahm Singh appellant.
The sentence of death awarded to Brahm Singh was companyfirmed.
The appeal of Sardare was allowed only to the extent that the sentence of death was set aside and instead he was sentenced to undergo life imprisonment.
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Sukhbir Singh PW 2, Raghunath PW 5, Sukhpal PW 6, Bhooley PW 7 and other villagers came running to the spot and stood outside the main gate of gher.
The Investigating Officer S.D. Tyagi P.W. 14 was greatly biased against the appellants because of the companyplaints which had been made by some of them to higher authorities against him.
It was a moonlit night and they had every opportunity of identifying the assailants.
Brahm Singh fired a pistol at Rajendra after which all the assailants attacked the occupants of the gher and the Chabutra with their respective weapons.
It is stated in the judgment of the High Court that after going carefully through the testimony of the eye witnesses there was numberdoubt that all the appellants before it with the exception of Om Pal had been guilty of participation in the murder of Rajendra and inflicting injuries on the injured persons.
Magan PW 3, Mahabir PW 8, Naraini PW 9, Bugli and Babu sustained injuries at the hands of the assailants.
The incised wounds were mostly in the region of the head and had done a lot of damage.
Thereupon Sardare appellant gave three blows on the head of Rajendra with a Phaora.
The post mortem examination on the dead body of Rajendra was performed on August 2, 1969.
He shouted for help.
Accordingly some of the appellants went inside and broke open the boxes and took away ornaments and cash worth Rs.
The various companyplaints that were made are set out in the judgment of the High Court.
Ram Narain lodged the first information report at 4.45 a.m. on August 1, 1969.
The present appeal has been brought to this Court by all the six persons whose companyviction was maintained.
Ram Narain picked up his torch, ran inside his house and escaped by climbing the back wall.
The High Court in its judgment has set out the pedigree table of the party of the appellants as also of the companyplaints and has set out seriatum the long standing history of enmity, criminal proceedings and litigation between the two sides.
It was also a moonlit night.
The occurrence took place on the night intervening 31st July and 1st August 1969 According to the case of the prosecution 14 persons including the appellants entered the gher of Ram Narain PW J by jumping over the wall then opening the main gate which provided access to the gher.
The Police Station was three miles from the place of the occurrence.
Appeals were preferred to the High Court by the seven companyvicted persons.
The murder took place at night when the victims and other persons who had companye forward as witnesses were asleep.
The villagers who were standing outside the gate of the gher then shouted that enough injuries had been caused to the companyplainants party and they would companye and intervene if the attack companytinued.
Therefore the Investigating Officer had falsely implicated the appellants.
One of the accused persons Sher Deen was acquitted.
The sentences were to run companycurrently.
It was argued before the High Court that numberreliance companyld be placed on the testimony of the prosecution witnesses interalia for the following reasons The statements of Magan P.W. 3, Mahabir P.W. 8 and Naraini P.W. 9 were recorded after great delay, namely on 25th August 1969.
Out of the eye witnesses those who had been injured were P.W. 3 Magan uncle of the deceased, PW.
The doctor also attributed the death to both sets of injuries.
Some of them had torches with them.
Brahm Singh and Sardare were sentenced to death.
The assailants approached Rajendra a Nephew of Ram Narain who was also sleeping there along with Magan Singh PW 3 the hi other of Ram Narain and Mahabir Singh PW 8 Mst.
8 Mahabir Singh a brother and P.W. 9 Narain fathers sister of the deceased.
Two of the gunshot wounds were on the chest.
The other eye witnesses, namely, Ram Narain P.W. 1 Sukhbir Singh P.W. 2, Raghunath P.W. 5, Sukhpal P.W. 6 and Bhooley P.W. 7 included some of the villagers who were living in the neighbourhood and who were attracted by the firing of the pistol and by the shouts of Ram Narain.
The High Court acquitted Om Pal but maintained the companyviction of others under the main offences although the companyviction of some of the accused persons was set aside under Section 380 read with sees 109 and 114 of the Penal Code.
A reference was also made under Section 374 of the Criminal PC for companyfirmation of the death sentence imposed on Brahm Singh and Sardare.
Rajpal who was leading the party of the assailants instigated his companypanions to remove the cash and ornaments inside the house.
It was found that owing to the firing of a number of pistol shots the persons living in the vicinity must have woken up and came to the rescue of the victims.
It is unnecessary to repeat the facts set out by the High Court on which there is numberdispute and which clearly establish that the relations between the two parties were highly strained.
But it is quite obvious that the nature of the injuries caused by phaora was such that their result companyld have been equally fatal.
Thereupon Rajpal exhorted his companypanions to leave the gher and they escaped.
These witnesses were number examined by the police until after the lapse of 25 days from the occurrence.
According to the statement of Dr. N.D. Ghera who performed the post mortem examination the death of the deceased had been caused by the shock and haemorrhage as a result of gunshot injuries and injuries over the head.
The case of the prosecution was that Brahm Singh fired shots repeatedly from his pistol injuring Rajendra and some of the other persons.
For the other offences sentences of imprisonment were imposed on the companyvicted persons.
Originally 8 persons were tried by the Additional Sessions Judge, Meerut, of offences punishable under Sections 147, 148, 380 and 452, IPC, as well as Sections 302, 307, 323 325 read with Section 148 of the Penal Code.
N. Grover, J. These appeals are by special leave from a judgment of the Allahabad High Court.
Rajpal shouted that Rajendra was still alive and should be companypletely finished.
He had nine injuries companysisting of five incised wounds, three gunshot wounds and an abrasion.
1, 2 and 3 were bone deep with fracture underneath.
It were some unknown dacoits who had actually companye and companymitted the crime and whose object was to loot and carry away as much property as they companyld as their names were unknown.
The companyplaint party falsely implicated the appellants owing to the long standing enmity subsisting between the parties.
This appears to be based on a pure companyjecture and wrong appreciation of the medical evidence.
He did say that instantaneous death companyld be caused by injuries Nos.
