Puttu son of Kalyan Singh and the wife of Kalicharan.
The place where he alleged to have hid himself from where he witnessed the occurrence was number exhibited in the map.
Bhongaon, District Manipuri.
At this stage, Bhagwan Singh again exhorted and then Netra Pal and Murari fired at Smt.
Laungshri as she has become an eye witness, Murari, Netra Pal and Bheem Sen fired at Smt.
On such exhortation, Netra Pal and Murari fired shots from their respective weapons on Smt.
Thereafter, the inquest report and plan were prepared and the dead bodies were sent for post mortem, by Shri Sukhbir Singh.
Dr. B.K. Saxena, Superintendent Balrampur Hospital, Lucknow, companyducted the second post mortem examination of both the bodies on 28.2.1985.
At that stage Bhagwan Singh again exhorted to kill Smt.
Kali Charan and his wife, Smt.
When Kalicharan reached near the house of Ganga Ram, the accused Malkhan s o. Bhagwan Singh armed with companyntry made pistol, Sher Singh son of Bhagwan Singh armed with rifle, Bhagwan Singh son of Dhanpat armed with companyntry made pistol, Murari son of Ram Narain Murari died during sessions trial armed with gun, Shri Krishan son of Bhola Nath armed with companyntry made pistol Katta , Indrapal son of Ram Bharose armed with companyntry made pistol, Bhim Sen son of Lakhan Singh, armed with companyntry made pistol and Netra Pal son of Bhagwan Singh armed with companyntry made pistol, emerged behind the fodder grass and hut of Dampat Lal and on exhortation of Bhagwan Singh to kill the deceased, Kali Charan, Sher Singh, Malkhan Singh, Shri Krishna and Indrapal fired at Kalicharan with their kattas and guns with intention of killing him.
Laungshri renders the testimony of eye witnesses as unreliable.
Laungshri, Tika Ram was the real brother of the deceased Kalicharan and Bhopal PW 2 was an accused in the case of murder of the son of accused Bhawan Singh and if the cause of murder of Smt.
Laungshri came rushing.
Laungshri was her becoming an eye witness, then it that case Tika Ram PW 1 and Bhopal PW 2 who were following Kalicharan ought to have been shot at.
Langshri fell upon Kalicharans person in order to save him.
Further, Tika Ram PW 1 stated in the FIR that the accused fired at him when he was 7/8 paces behind Kalicharan the deceased.
The learned Sessions Judge, after recording the testimony of the witnesses, held that the accused persons are guilty under sections 302/147, 201/149, 307/143 IPC.
Since the age and time of death of the deceased companyld number be ascertained by Dr. Gulecha, Medical Officer, S.N.M. Hospital, Firozabad, who companyducted the post mortem, the case was referred to the State Medico Legal Expert, for his opinion.
Laungshri fell upon the body of Kalicharan, Bhagwan Singh again exhorted the accused persons to kill Smt.
Thus reasoning for killing Smt.
On the basis of the report lodged by Tika Ram, a case was registered at General Diary No.28 under Sections 147, 148, 307/149, 302/149 and 201 IPC, against the accused Malkhan, Sher Singh, Bhagwan Singh, Murari, Shri Krishan, Indra Pal, Bhim Sen and Netra Pal.
Laungshri.
After hearing the gun shots and hue and cry Bhopal son of Natho Ram, Ram Chandar son of Parsadi.
Tika Ram who was following Kalicharan from t he house, came forward with exhortation.
Laungshri.
Curiously enough, Tika Ram PW 1 , in his cross examination stated that Kalicharan was first fired at by Sri Krishna, Sher Singh Malkhan Singh, Netra Pal and Bheem Sen together at the gate of Ganga Ram.
Laungshri, as she has become an eye witness, Murari and Netra Pal and Bhagwan fired at Smt.
The further case, as set out in the FIR is that, on the exhortation Sher Singh, Malkhan Singh, Shri Krishna and Inder Pal who were armed with Kattas and guns, fired at Kalicharan when his wife Laungi Shri also fell upon his body to save him.
Thereafter, the accused dragged the dead bodies from the pace of occurrence towards the direction of West and after crossing the road, took the bodies to the Bitaura of Deva Jeet, where they were attempting to burn the dead bodies by sprinkling kerosene oil thereon.
Tika Ram, brother of the deceased, Kali Charan, orally lodged the F.I.R. on 22.2.1985 at about 3.15 p.m. at P.s.
Laungshri were recovered.
The accused Bhagwan and Netra Pal were sentenced to dealt under Section 302 IPC and all other accused were sentenced for life imprisonment.
Laungshri.
Laungshri died at the spot.
But, curiously enough, he stated that he did number receive any injury as he hid himself into the trench of kachcha road.
In order to save Kalicharan, his wife Smt.
According to him, cause of death was due to the injuries caused by fire arm ante mortem, and the time of death was around 2.30 p.m. on 22.2.1985.
The High Court allowed both the appeals by its companymon judgment dated 27.2.1990, which is under challenge in the present appeals.
Senior Sub Inspector of Police Sukhvir Singh, who started investigation of the incident, on reaching the spot, saw the dead bodies which were still during.
On exhortation of Bhagwan Singh to kill Smt.
KHARE, J. By the present appeals the appellant, State of U.P., questions the companyrectness of the judgment dated 27.2.1990 rendered by the High Court of Judicature at Allahabad, acquitting the respondents herein by allowing the appeals preferred by the respondents and setting aside the companyvictions recorded against them by the Additional Sessions Judge, Mainpuri.
Aggrieved by the judgment of the learned Sessions Judge, Bhagwan and Netra Pa preferred Criminal Appeal No.2060/88 while Malkhan and others preferred Criminal Appeal No.2048/88 before the High Court.
However, this witness also added the name of Bhimsen as well amongst the person who alleged to have fired for the first time at Kalicharan, which was number the case of the prosecution.
Similarly, Tika Ram mentioned the names of Netra Pal among those who fired for the first time and also Bhagwan Singh along with Murari and Netra Pal as companymurderers, which was at variance with the case in F.I.R. Bhopal PW 2 , in his testimony stated that Murari, Bheem Sen and Netra Pal fired at Smt.
The testimony of these eye witnesses are totally different than the story set out in the FIR and the statement of the eye witnesses, as recorded under Section 161 Cr.
Langshri with katta and gun, whereas Tika Ram PW 1 is his testimony stated that on the exhortation of Bhagwan Singh, Sher Singh, Malkhan Singh, Shri Krishna and Indra Pal Kalicharan was fired whereupon Smt.
P. C. For these reasons, companymencement of the occurrence at the point B or firing at Kalicharan for the first time becomes doubtful.
The Investigating Officer with the help of villagers who were companylected at the place, managed to extinguish the fire by pouring water on it and the bodies of Kali Charan and his wife Smt.
