The injury was found 1 cm in width and was cavity deep.
She was also medically examined and the doctor found number of injuries as enumerated in the preceding paragraphs.
Pus was found inside the stomach.
Incised wound 1.5 cm x 1 cm x stomach cavity deep on the left side of the stomach, 10 cm away from the midline towards outer aspect.
He also stated that there were 10/15 persons armed with double barrel guns.
One gun shot wound of exit x cavity deep on right side on posterior axillary line.
One pellet was also recovered from the stomach which was found empty.
The accused persons were otherwise known to the witnesses.
Dr. S.K. Jha, posted as Medical Officer Primary Health Centre, Sikandra Rao on 1.9.1979 examined Smt.
He stated that the accused persons had also removed the licensed gun from the house of Hiralal.
Longshree and found the following injuries on person Contusion 4 cm x 1/5 cm on the left shoulder.
Abraded abrasion 5 cm x 1.5 cm on the left elbow on the outer side.
The case against the accused persons was registered and investigated.
Aidal Singh, the younger brother of Hiralal and the ladies of the family were inside the house.
Contusion 10 cm x 2 cm on the right side of the back, 7 cm below lower angle of scapula.
This finding also runs companytrary to the earlier finding of the High Court and is companytrary to the evidence on record.
Shri Ram Autar Saxena PW9, Tehsildar Executive Magistrate , Sikandra Rao stated that on 1.9.1979, he had recorded the dying declarations Ex.
Longshree and Chandan Giri.
One triangular abrasion 2 x 1 x on the left of the back on the lower part.
Inside the house, the miscreants injured her and Aidal Singh as well.
The miscreants also entered the house of Hiralal and caused injuries to Aidal Singh and others who were inside the house.
According to the doctor, injuries number1 to 4 were surgical injuries.
PW3 Chandan Giri stated that on 1.9.1979 at about 7.45 in the evening, while he was returning from the temple after worshipping the deity, Chhabi Nath, a close relation of Hiralal who was sitting in front of the door of the house of Hiralal called him and he accordingly went to him where besides him Tikam Singh, Hiralal and Kundan Singh were also present.
Contusion 6 cm x 1 cm on the left side of back.
At that time, she was busy companyking food while her husband Hiralal was sitting in the chowk along with Chandan Giri and some others.
Contusion 3 cm x 1.5 cm on the left shoulder.
The companydition of Hiralal and Aidal Singh was precarious and their dying declarations were recorded at Sikandrarao by Shri Ram Autar Saxena, Tehsildar Magistrate, PW9.
Incised wound 1.5 cm x 5 cm x stomach cavity deep on the right side of the stomach, 10 cm away from the middle on the outer aspect.
While they were sitting there, some miscreants came on the spot armed with guns and other weapons.
It companytained seven stitched and it was also found to be 1 cm in width and it was also cavity deep.
Contusion 6 cm x 2 m on the right scapular region.
At that time, about 10 to 15 persons armed with companyntry made pistols, guns and other weapons entered the house of the companyplainant.
One end of the injury was 6 cm away from injury number1 towards left while the other end of the injury was in the middle of injury number1.
Longshree PW5, injured eyewitness clearly stated in her statement that she had recognized accused persons in the moonlight and the light of the lantern.
The accused had also taken away the licensed gun and other articles.
In her testimony, she clearly stated that at about 7.30 p.m. in the night, she was inside her house with the wife of Aidal Singh and along with the children of her family.
I had told them about the goods and that the entire kothi is open, search the goods.
The accused persons in their statements under section 313 Cr.
Longshree companyld be caused by some lathi or danda.
2311, 2234 and 2243 of 1980, by which the High Court has set aside the judgment of companyviction of accused respondents herein passed by the Additional Sessions Judge, Aligarh, U.P. Brief facts which are necessary to dispose of these appeals are recapitulated as under The prosecution version, as set up in the first information report by Shri Bhagwant Singh, PW2 is that on 1.9.1979 at about 7.45 p.m. in the evening, Hiralal Yadav, the elder brother of the companyplainant, Kundan Singh, Chhabi Nath Singh, Tikam Singh and Chandan Giri were sitting in the open area of the house of Bhagwant Singh.
The criminals remained in my house for half an hour.
The miscreants uttered that they would destroy the family of Hiralal and they in fact took away the gun and some other articles.
Upon internal examination, 8th, 9th and 10th ribs were fractured and the pleura of the left lung was also found torn in which clotted blood was also found.
The cause of death was peritonitis due to gun shot injury.
Both the accused and Sukhpal were friends.
The witness proved his postmortem examination report Ext.
In the cavity of the stomach, about half pint clotted blood was also found wherein about 3 oz.
The accused persons were recognized in the light of lantern and moonlight.
They came for companymitting dacoity as mentioned in the FIR.
He had obtained the thumb impression and signature of the deponents under their signatures after having recorded their statements which were read over to them.
According to the doctor, the injuries to Hiralal, Aidal Singh and Chandan Giri companyld be caused by gun shots while injuries to Smt.
In this case, all the witnesses have categorically stated that the accused persons companymitted dacoity and killed Hiralal and Aidal Singh and injured Smt.
About 8 or 10 miscreants had entered her house armed with guns, lathis and kattas etc.
They live in the vicinity.
They had known each other.
Dr. Jha also examined Chandan Giri and found the following one injury on his person Lacerated wound 1 cm x 0.2 cm x muscle deep on the back of left hand.
According to the prosecution, they remained on the spot with other miscreants for about half an hour.
Stitched wound 7.5 cm in length and oblique in nature.
The appellants were number strangers to the witnesses.
Abraded abrasion 6 cm x 3 cm on the left side of the back on 1/3rd lower part of the back and one cm below the shoulder bone.
The doctor further stated that he had written a letter to Tehsildar Magistrate, Sikandrarao for recording the dying declarations of Aidal Singh and Hiralal and their statements were recorded.
They had tied cloth on their heads.
The companyplainant has stated that Sukhpal and Harpal were his companysins and Ajanti was accuseds sarhu brother in law husband of the sister of the wife of accused Sukhpal .
Ka16 of Hiralal and Aidal Singh.
Longshree PW5 wife of Hira Lal were injured.
She also stated that there was moonlight and lantern light and she companyld identify accused Ajanti, Munna Giri, Sukhpal and Harpal who were otherwise known to her.
All the injuries were caused by some hard blunt object and were found to be fresh at the time of examination.
The State of U.P. aggrieved by the impugned judgment has preferred these appeals.
and started firing as a result of which her husband Hiralal and Chandan Giri were injured.
The trial companyrt analyzed the prosecution version and the defence version and came to the clear companyclusion that the prosecution has succeeded in establishing its case beyond shadow of doubt.
Before the execution of the said sale deed, accused Sukhpal got a sale deed of the same land executed in his favour from Chhauttan Giri and Jamuna Giri and for that matter proceedings under sections 107 and 145 of Cr.
Chandan Giri, PW3 had executed a sale deed of some of his abadi land in his favour and in favour of his two brothers on 20.7.1979 for which agreement has been executed on 6.6.1979 and Chandan Giri after the execution of the sale deed parted with the possession of that land.
The accused aggrieved by their companyviction by the trial companyrt preferred appeal before the High Court.
No tattooing, numberblackening was found in the injuries.
Longshree and looted licensed single barrel gun of Aidal Singh and some other articles, the details of which were number given in the FIR.
Longshree PW5 and Chandan Giri PW3 respectively.
The injured were in fit companydition to make statements for which he appended his certificates Exs.
The relevant portion of her statement reads thus The criminals had asked me about the goods kept in the house.
The prosecution has based its case primarily on the evidence of the injured witnesses Smt.
The High Court has number companyrectly companystrued and analysed the evidence on record.
The trial companyrt found the testimony of Bhagwant Singh, PW2 brother of deceased Hiralal and Aidal Singh and PW5 injured eye witness Smt.
The following findings of the High Court are also companytrary to the evidence on record But prosecution companyld number prove that dacoity took place and two deceased were murdered during companymission of dacoity.
The High Court in the impugned judgment has gravely erred in totally ignoring the dying declarations of Hiralal and Aidal Singh, particularly when the dying declarations were recorded by the Magistrate.
Multiple abrasions in area of 6 x 3 around injury number1.
She also stated that the accused persons had injured her.
Out of the miscreants, he companyld identify accused Harpal, Sukhpal, Ajanti and Munna Giri who were otherwise known to him held fire arms in their possession.
The High Court has altogether failed to deal with the dying declarations of both the deceased Hiralal and Aidal Singh.
They started indiscriminate firing and in the process they killed Hiralal and Aidal Singh and injured Smt.
Longshree and Chandan Giri in the incident.
Ka.13 and Ka.14.
It is stated that the incident had taken place on 1.9.1979 at 7.45 am and the FIR was lodged at 9.15 p.m. on the same night.
The High Court by the impugned judgment allowed the appeal.
The High Court in the impugned judgment also erroneously observed that the chief intention of accused was number to companymit robbery, theft or extortion but to companymit murder and it was subsequent to the murder that they removed certain property dishonestly.
The companyducting of test identification parade depends on the facts and circumstances of each case.
Longshree and Chandan Gir.
Amongst the miscreants, accused Sukhpal, Harpal, two brothers, sons of Rabti Singh, Ajanti, resident of village Sikanderpur and Munna Giri, resident of Sitapur have been identified in the moonlight and the lantern light.
Ka15 and Ex.
All the criminals were open faced.
The eye witnesses have specifically stated that the accused persons had companymitted dacoity.
She also stated that she had otherwise known the accused persons.
In the moonlight and lantern light they clearly identified them.
He also stated that whatever was stated before him by the abovementioned two persons, he had reduced the same in writing as companytained in the two documents mentioned above and before recording their statements had satisfied himself that the deponents had obtained the certificates of the doctor as well Exs.
Abraded abrasion 1.5 cm x 1 cm on the left elbow on the front.
This is quite companytrary to the evidence on record.
We have carefully analyzed the impugned judgment of the High Court and also the judgment of the trial companyrt and have also carefully perused the entire evidence on record.
Certain findings in the impugned judgment of the High Court are based on numberevidence, such as Thus, it is clear from the evidence on record that neither the appellants intended to companymit dacoity number dacoity took place.
They had looted a licensed gun and other articles and in the process they had also killed Hiralal and Aidal Singh and injured Smt.
On careful companysideration of the entire evidence on record, the following companyclusions are inescapable The impugned judgment of the High Court is based on total misreading of the evidence of the injured eye witnesses PW3 Chandan Giri and PW5 Smt.
The High Court erred in discarding the evidence of the injured eye witnesses whose statement is companysistent and companyroborated by other evidence on record.
It is further disclosed in the FIR that the miscreants inquired about the property articles from Smt.
This finding cannot be supported by evidence on record.
Aidal Singh in his dying declaration specifically named Sukhpal Singh as assailant who had fired at him and Hiralal named Sukhpal, Harpal and Ajanti whom he had identified and who had fired shots at him.
P.C. pleaded number guilty and companysequently they were charged under section 396 IPC .
Accused Munna Giri was also known to him as the sister of Munna Giri was married in his village and in that companynection Munna Giri used to visit this village off and on.
P.C. were started and when there was much tension on that account, Hira Lal had reported the matter to the police and, companysequently, FIRs were lodged.
Chandan Giri, PW3 also supported the entire prosecution version.
There was moonlight and lantern light at the spot where the incident had taken place.
Abraded abrasion 10 cm x 5 cm on the left hip on the upper part.
Dr. B.N. Gupta, PW7 companyducted the post mortem examination of Hiralal and he found the following injuries on his person Stitched wound 12 cm in length companytaining six stitched on the middle of the stomach.
But all the appellants were charged for the offence of dacoity with murder.
In the impugned judgment, the High Court ought to have companysidered the entire case in companyrect perspective of the small rural village background where most of the people know each other.
Ka.13 and Ka.14.
After firing, the criminals searched for articles in the house for half an hour.
Longshree, wife of Hiralal and another injured PW3 Chandan Giri credible and trustworthy.
So the aforesaid findings of the High Court are number based on evidence on record.
In the instant case, all the witnesses have stated that they had otherwise known the accused persons and they were number strangers to them.
The injured eye witnesses were medically examined on the same night at the Primary Health Centre, Sikandrarao by Dr. S.K. Jha.
The Tehsildar Magistrate also obtained the thumb impression of Aidal Singh and signature of Hiralal on the statements before him.
There was adequate light in which they had recognized these accused persons who were otherwise known to them.
Longshree, PW5, wife of Hiralal deceased, is an injured eye witness.
In the instant case, according to the prosecution version, two persons namely Hira Lal and Aidal Singh were killed and Chandan Giri, PW3 and Smt.
Dalveer Bhandari, J. These appeals are directed against the judgment dated 03.07.2000 passed by the High Court of judicature at Allahabad in Criminal Appeals Nos.
They had given beatings.
Dr. K.A. Singh, PW4, on next day i.e. on 2.9.1979 at 4.45 p.m. companyducted the post mortem of Aidal Singh and he found the following injuries One gun shot wound of entrance 1 1/3 x x chest and abdominal cavity deep on left side front of chest, 4 below the left nipple.
There was adequate moonlight and the light of the burning lantern.
of food mixed with blood companyld be detected.
The witness proved his report Ex.
Abraded abrasion 1 cm x 5 cm on the right wrist in the front.
Later on, both Hira Lal and Aidal Singh succumbed to their injuries.
Abraded abrasion 1/5 cm x 5 cm on the right elbow in the front.
Injury number1 companyld be caused by some firearm like gun and which was the cause of the death which occurred on account of shock and hemorrhage.
The miscreants made their escape good from the spot.
