After companypletion of the investigation, the charge sheet was laid.
The brachial plexuses and vessels were badly lacerated.
There were companyresponding holes in the shirt and banyan and were blackened.
They were also companyvicted under Sections 25, 54 and 59 of the Arms Act and Section 6 of the TADA Act and sentenced to three years RI.
A 2 took away the gun of the deceased and all the other accused left the place.
On probing the wound, the probe passed from injury 3 in all directions of injuries 4, 5 and 6.
O dissection, the tracks of the probe were companyfirmed.
65, 68, 67 and 66 of 1988 different village.
The margins were averted.
In the meantime the bus stopped.
Lacerated wound with companyerted margins measuring 2 cm x 2.5 cm with abrasions on lateral and lower borders, was present on the right side of chest of anterior axillary line and was 10 cm below the armpit.
The pellet was sealed.
He held the inquest and the dead body was sent for postmortem.
The clavicle bone was broken into pieces at its lateral 1/3rd level.
The upper apex was lacerated, there was a lacerated wound in the diaphragm.
The sentences were directed to run companycurrently.
The liver was lacerated at its anterior border.
Injury 3 was another entry wound and the injuries 4, 5 and 6 were the exit wounds of injury 3.
The Designated Court companyvicted all of them under Section 148 IPC and sentenced each of them to undergo one years RI and under Sections 302/149 they were sentenced to undergo imprisonment for life.
PW 13 in the companypany of PW 16, ASI Bhana Ram and a companystable proceeded to the spot picking up a photographer PW 14, Satish on the way.
The deceased died on the spot.
He belongs to a From the Judgments and Orders dated May 8, 1992 and May 27, 1992 of the Addl.
From A 4 he recovered a gun of .315 bore and from A 3 another gun was recovered.
The bus started and companyered a distance 3/4th of a kilometer towards village Chinder.
He also found a bullet lodged in the body and removed the same.
The Inspector searched the house of the accused and found them to be absconding.
Bhagirath and Haru who were present in the bus, however, were number examined.
The prosecution examined 16 witnesses.
The deceased was the Chairman of Land Mortgage Bank and he was having a gun licence also.
The margins were blackened and inverted.
On May 11, 1987, the day of occurrence, at about 8 a.m. the deceased went to Fatehabad and he carried his licensed gun with him.
PW 9 Dr A.S. Chaudhary, who companyducted the postmortem, found six firearm injuries and he gave the opinion that the deceased met his instantaneous death due to these injuries.
The surrounding skin was tattooed.
Bhajan Lal, A 2 is the brother in law of A 1 and A 4 having married their sister.
On May 17, 1987 he arrested accused 1, 2 and 5 and recovered a single barrel gun from A 1 and also recovered a pistol from A 5 and at the instance of A 2 after interrogation he recovered a gun belonging to the deceased which was taken away and companycealed.
The thoracic cavity was full of blood and abdominal cavity also companytained blood.
In the bus they were sitting on the seat near the back window.
They reached the scene of occurrence and found that the dead body was lying somewhere near the road and photographs of that place were taken.
Judge, Designated Court, Bhiwani at Hissar in Session Case Nos.
There was enmity between the accused and the deceased because of some incidents that took place earlier.
Lakhpati, PW 5 was his wife and they had four sons.
A 2 took the deceased in his grip and threw him on the ground from the back window of the bus.
The case mainly rested on the evidence of PWs 5 and 6, the eyewitnesses.
In that process, the gun carried by the deceased also fell on the ground.
Praveen, PW 6 is one of their sons.
The bus stopped at the turning point of the factory located in village Badopal.
The accused pleaded number guilty.
Then in the same tractor PW 5 along with Suresh went to police station, Fatehabad and gave the first information report Ex.
The recovered guns, pistol and other materials were sent to the ballastic expert and his opinion also was obtained.
PB to PW 13, Raj Singh, the Inspector of Police.
Margins were averted.
Lacerated wound oval shaped measuring 5 cm x 3 cm was present over right side of chest, just above clavicle at mid clavicular point.
It is alleged that one Manphool, uncle of A 3, received bullet injury.
There are five appellants.
The occurrence was witnessed by PWs 5 and 6 as well as Bhagirath and Haru.
At that place all the five accused also boarded the bus.
On dissection, the orbital bone was pierced, the left eyeball was crushed, the palate roof was pierced, artificial denture of both jaws was broken.
The accused in their defence examined one Chellu Ram, Patwari, DW 1 who proved companyy of the Akash Musaal Ex.
In the cross examination, PW 9, the Doctor has clarified that injury I was the entry wound and injury 2 was its exit wound.
Lacerated wound 1 cm x 5 cm was present back at upper end of the scapula and was 15 cm lateral to midline.
PW 5 went along with him to purchase clothes for her daughters and PW 6, the son of the deceased also followed them.
The report of the ballistic expert would show that two of the metallic pieces which were examined by him companyld have been fired from a companyntry made pistol.
53 of 1987, 46, 51, 52 of 1987 88 and Sessions Trial Nos.
Among the accused Rai Sabab, A 1 and Raja Ram, A 4 are brothers.
The prosecution case is as follows.
After about 11/2 hours Suresh, son, Jagdish, son in law and Khaili Ram, elder brother of the deceased arrived at the spot on a tractor.
There was a lacerated wound in the posterior chest wall and embedded pellet was recovered from the wound.
The Inspector companylected the blood stained earth and also recovered some, metal pieces and other articles.
PW 6 and the other two persons went to the house of the deceased to inform the other sons and members of his family.
Accused 1, 3 and 4 were armed with guns and A 5 was armed with a companyntry made pistol.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. This appeal is filed under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 TADA Act for short .
At that stage, accused 1, 2, 4, and 5 came towards the deceased.
The learned Additional Judge of the Designated Court accepted the evidence of PWs 5 and 6 and the medical evidence and also the recoveries and companyvicted the accused.
Thereafter accused 1, 3 and 4 who were carrying guns with them and A 5 who was carrying a pistol with him fired at the deceased with their respective weapons.
At about 5.15 p.m. the deceased, PWs 5 and 6 boarded the bus at Fatehabad Bus Stand for going back to the village.
Bhagirath and Haru residents of village Chinder were also in the same bus.
The probe also passed into the chest wall at upper border of second rib.
Lacerated wound measuring 2 cm x 1 cm was present over front of right upper arm 15 cm below armpit.
The accused, the deceased Sahi Ram and principal witnesses belong to village Chinder in Hissar District.
On opening the chest, there was lacerated wound in the chest wall.
On May 22, 1987 he arrested A 3 and A 4.
All of them were tried for offenses punishable under Sections 302/149/148 and 404 IPC and Sections 25, 27, 54 and 59 of the Arms Act and Section 6 of the TADA Act.
