Two yellow companyored bullets were recovered from abdomen.
Report dated 23.12.1997 Ex.
On internal examination 4th, 5th, and 7th ribs on left side and 5th, 6th and 10th ribs on right side were fractured.
Tattooing present, direction downward to right.
Patient admitted and police informed for dying declaration.
Cavity companytained about 1 liters of clotted blood.
The Special Judge Dacoits Infested Area Etah, framed charges u s. 302 read with 34, 307 read with 34, and 392 I.P.C. against the respondents Sunil, Pramod, Brahma Pal and Guru Charan on 10.2.1998.
Pleura was lacerated.
Peritoneum was lacerated.
Nathu PW2 was also traveling in the same bus.
Loop of intestine companying out, bleeding present.
Gun shot wound of entry 1.5 cm x 1 cm left chest cavity deep.
Although Nathu Singh PW 2 claims to have been brought to the police station by the police personnel he did number identify any particular police officer who helped him.
Ka15 against the respondents.
PW3 Dr. Narendra Babu Katiyar had companyducted the post mortem on the deceased Ramesh Narain He had found 6 fire arm injuries on his body.
One Gatta wad and two wad pieces and 15 pellets were recovered from right lateral chest wall.
The High Court numbericed the evidence given by Dr. Ram Babu W.6 who had examined the injuries of Nathu Singh P.W.2 on 21.7.1997 in S.N. Medical College, Agra at 3.50 a.m. Dr. Ram Babu W.6 in his evidence stated that it was a fresh case of stab injuries and injuries were fresh in duration.
Ka.2 and Ka.3 respectively.
It is further stated that while leaving the scene of the crime the assailants took away the double barrel gun and bandolier of cartridges of Ramesh Narain deceased.
On 20.7.1997 Ramesh Narain, deceased along with his son in law Jitendra alias Guddu deceased and Vijay Kumar PW1 were returning to village Yakoot Ganj, Police Station Sahawar, district Etaah in a private bus No.
Stomach companytained about 15 ounce pasty food in process of digestion.
Large intestine companytained gasses and faecal matters.
Autopsy on the dead body of Ramesh Narain deceased was companyducted on 21 7 1997 at 11.30 A.M. by Dr. Narendra Babu Katiyar PW.3 who found following ante mortem injuries on his person Gun shot wound through and through lacerated on front of head and middle of head 17 cm x 3 cm x brain cavity deep brain matter companying out 4 cm above left ear, 12 cm above right ear from base of numbere and including both eye brows.
On the basis of this, FIR Ex.
Ka.20 was submitted by the Asst.
PW.5 Dr. Girish Chandra, Medical Officer, CH.C. Sahawar, who examined the injured persons, PW.6 Dr. Ram Babu, Medical Officer, casualty department, Sarojini Naidu Medical College, Agra.
Trial Court also came to the companyclusion that Vijay Kumar PW1 has given companysistent evidence without any material companytradiction.
Margins of all wounds were clear.
Consequently, Criminal Appeal 1795/99 and Criminal Appeal No.2018/99 by the companyvicts Guru Charan, Sunil and Pramod and Brahma Pal have been allowed and they have been acquitted of all the charges and Reference No.8 of 1999 made by the Sessions Judge for companyfirmation of death sentence awarded to Guru Charan, Sunil and Pramod has been rejected.
He was present in the bus at the time of the incident.
Therefore the respondents were having a grudge against the deceased as well as Vijay Kumar PW1 .
In the opinion of Doctor, cause of death was shock and haemorrage as a result of injuries numbered above.
Ramesh Narain was sitting in the third row in the front side of the bus.
At the same time the reference made by the Sessions Judge for companyfirmation of death sentence awarded to Guru Charan, Sunil and Pramod has been rejected.
All the accused pleaded number guilty and they were sent up for trial.
Numerous companytradictions in the evidence of PW1 Vijay Kumar and PW 2 Nathu were held to be number material.
Bleeding present.
Similarly, when the driver of the bus namely Virendra tried to take the bus away he was attacked with a knife.
All injuries were kept under observation and fresh in duration.
According to the prosecution about two years prior to the date of the occurrence one Vinod Kumar brother of respondent No.1, Sunil, was murdered.
The Trial Court did number accept the suggestions of the defence that Vijay Kumar PW1 and Nathu PW2 were procured witnesses.
The Trial Court on examination of the evidence came to the companyclusion that the evidence given by the Vijay Kumar PW1 cannot be brushed aside only on ground of the enmity against the respondent.
Deep bone uncoverage.
From Etaah he was further shifted to Agra.
8, recorded statements of the witnesses, prepared site plan Ex.
Some time after the incident, Vijay Kumar PW1 along with the driver of the bus went to PS Sahawar in a jeep and lodged a written report Ex.
The motive for the assault on the deceased is stated to be old enmity between the deceased and the assailants hereinafter referred to as the respondents .
Lacerated.
The injuries suffered by the witnesses were self inflicted.
Other passengers in the bus started running helter skelter due to fear.
One elliptical wound present 6 away at 10 O clock position in right A.S.I. spine.
As a result of gun fire, he died on the spot.
We may numberice here the relevant facts, culled out from the judgments of the Trial Court and the High Court and the evidence on record.
On the basis of the aforesaid, the High Court was of the opinion that since Nathu PW 2 was examined about 12 hours after the injuries were caused, they companyld number be described as fresh injuries.
The assault was so ferocious that two persons were killed, two were injured.
Ka 18 and Ka.19 respectively.
Ka.6, challan of deceased Jitendra alias Guddu Ex.
Cavity companytained 2 liters clotted blood.
The doctor PW5 found the following injuries on the driver, Virendra Lacerated wound 2.5 cm x 5 cm on the top of skull 11 cm above from the ear and 18 cm from bridge of numbere.
The cross examinations of these doctors proved totally ineffective for the respondents.
The doctor prepared postmortem report Ext.
Direction left to right.
Ka.9, wrote letter to C.M.O. Ex.
The investigation was companyducted by S.I. Bhagwan Sahai.
He had also companyducted post mortem on Jitendra who had three fire arm injuries on his body.
The injury was kept under observation, caused by blunt and hard object and was fresh in duration.
But Dr. Ram Babu P.W.6 who had examined Nathu P.W.2 at S.N. Medical College, Agra stated that numberreference slip was shown to him.
The Investigation Officer sent injured Nathu Singh PW 2 and Virendra for medical examination and their injury reports are Ex.
4, and photo of the dead body of deceased Jitendra alias Guddu Ex.
Jitendra alias Guddu tried to run out of the bus.
By the aforesaid judgment, the two appeals by the companyvicts Guru Charan, Sunil and Pramod and Brahma Pal have been allowed and they have been acquitted of all the charges.
Director of the laboratories.
The prosecution also did number file any injury report on the reference slip prepared at Sahawar or Etaah.
The doctor opined that it was fresh case of stabbed injuries.
Peritoneum was lacerated.
3a at the site.
Sunil and Pramod were having companyntry made pistols.
Nathu Singh PW.2 was shifted to S.R.N. Medical College, Agra and his injuries were examined on 21 7 1997 at 3.50 A.M. by Dr. Ram Babu PW.6 who found the following injuries on his person One stab wound elliptical in shape 1 1/2 x x abdominal cavity deep 1 1/2 away from left umbilicus at 11 O clock position.
Ka 3 and deceased Jitendra alias Guddu Ex.
One yellow companyour pellet recovered from right back of chest.
13 for taking a blood stained piece of the bus seat and a stove which deceased Ramesh Narain was carrying with him from Sahawar after getting it repaired and left it in the custody vide memo Ex.
The prosecution examined PW1, Vijay Kumar, PW2 Nathu, both injured eye witnesses, PW3, Dr. Narendra Babu Katiyar, Radiologist, who companyducted the post mortem on the deceased persons, PW4, sub Inspector Bhagwan Sahai, Investigation Officer.
Bleeding present.
It is stated that even the people working in the fields nearby ran away from there due to fear of the assailants.
12 for taking empty cartridge shells and tickles, Ex.
He was an injured eye witness.
Guru Charan was having licensed rifle of 0.315 bore and Brahma Pal was having a knife.
On internal examination brain matter was found companying out.
The High Court re examined the entire evidence and came to the companyclusion that the prosecution story is unbelievable.
He was however caught, thrown on the ground and killed by the assailants by shooting at him from their unlicensed arms.
One stab wound on scalp over occipital are x x number proven size x x number proven.
On 22.7.1997 Guru Charan, respondent was arrested at 12.10 pm in village Jamalpur near Temple.
At that time he was carrying .315 bore rifle and six cartridges which were taken into possession.
He was an independent and impartial witness and there was numberreason to disbelieve his evidence.
Thus the fresh injuries companyld be termed injuries within 4 to 8 hours and number more than 8 hours.
General companydition of the patient was poor advised X ray and referred to District Hospital, Etaah for treatment.
Nathu PW 2 was sitting on the seat beside the bonnet.
They were, however, acquitted in the murder trial.
The Investigation Officer companylected blood stained and ordinary soil and prepared memos.
Ka16 was prepared by companystable Brijesh Kumar, who made an endorsement of the same at GD Report Ex.
3 away left to umbilicus at 3 O clock position.
Ka17 and registered the case against the respondents u s. 302, 307, 324, 404 IPC.
On entering the bus they fired several shots at Ramesh Narain.
PW5, Dr. Girish Chandra had examined the injuries on Virendra and found an incise wound on his body.
The respondents convicts, aggrieved by the judgment of the Additional Sessions Judge, challenged the same in separate appeals before the High Court.
It is further the case of the prosecution that when PW2 tried to save Jitendra alias Guddu, Brahma Pal inflicted knife injuries on him.
Jitendra alias Guddu deceased was sitting beside Ramesh Narain, deceased.
Stomach companytained about 1.15 ml of semi digested food.
Gun shot wound of exit 1 cm x 1 cm x companymunicating to injury No.2 on right lateral abdomen 18 cm from umbilicus at 10 O clock.
According to the opinion of Doctor, cause of death was due to companya and shock as a result of injuries numbered above.
He was cross examined at length but numberhing favourable to the accused companyld be elicited from him.
He had numbermotive to depose falsely against the respondents as he along with his uncle Ramesh Narain, deceased were in fact acquitted of the murder charge in the earlier case.
Thoracic cavity companytained about 1 liters fresh and clotted blood.
The Trial Court also found that the version of injuries given by PW1 and PW2 is companyroborated by the medical evidence as well as the ocular evidence given by PW3, PW5 and PW6.
Ramesh Narain, deceased was having his licensed double barrel gun and bandolier of cartridges.
Gun shot wound of entry 1 cm x 1 cm x left lateral abdomen cavity through lacerated, margins inverted with blackening and tattooing in area of 5 cm x 4 cm, on left iliac crest, 19 cm from umbilicus.
It appears that, Virendra Singh driver of the bus, had been sent to the Community Health Centre, Sahawar where he was medically examined on 20.7.1997 at 5.40 pm by Dr. Girish Chandra PW5.
He was neither a friend of the prosecution number an enemy of the accused.
The High Court further numbericed the claim of Nathu P.W.2 that after the occurrence he was brought to the police station.
Ka1 at 5.20 pm.
Both lungs were lacerated.
The Trial Court further holds that the evidence of Nathu PW2 fully supported the prosecution version.
The Investigation Officer sent dead bodies of deceased Ramesh Narain and Jitendra alias Guddu duly sealed for postmortem and their postmortem reports are Ext.
Gall bladder was lacerated.
One horizontal elliptical wound 1 x x depth number probed.
Placed vertically.
Thereafter Bhagwan Sahai was transferred and remaining investigation was companyducted by SO Rajpal Singh who on companypletion of investigation submitted chargesheet Ex.
He was medically examined in Sahawar and thereafter shifted to Etaah.
Similarly PW6, Dr. Ram Babu examined Nathu PW 2 and found the knife injuries on his stomach.
He prepared Ex.
The Investigation Officer prepared the inquest of deceased Ramesh Narain Upadhyay, Ex.
He also prepared photo of the dead body Ex.
SURINDER SINGH NIJJAR, J. These two appeals have been filed by the State of U.P. challenging the companymon Judgment of the High Court of Judicature at Allahabad in the Judgment in Criminal Appeal 1795/99 and Criminal Appeal No.2018/99 and Reference No.8 of 1999.
Margins lacerated and inverted 10 cm from nipple at 7 O clock position.
He filed the report against the accused at the Police Station immediately after the incident.
Ramesh Narain, Vijay Kumar PW1 and Vishwanath were accused of murdering Vinod.
Ka.7 and Ka.5 regarding deceased Ramesh Narain and deceased Jitendra, prepared challan of deceased Ramesh Narain Ex.
Fired cartridges recovered from the spot and licensed gun of Guru Charan, respondent was sent to Joint Director Forensic Science Laboratory, Lucknow, Uttar Pradesh for companyparison and report.
Small intestine and large intestine, gall bladder and right kidney were lacerated.
