The accused in the statements recorded under Section 313 of the Criminal Procedure Code denied the incriminating evidence appearing against them.
The trial companyrt on appraisal of the entire evidence on record held all the accused guilty of the charges and companyvicted them as aforesaid.
70 of 1978 for companymitting the murder of Hari Dutt Singh.
Ka 6 , Khaka lash Ex.
No defence witness has been examined by them.
The accused Ram Saran, Satvir and Harbir have been further companyvicted under Section 148 IPC and each sentenced to two years rigorous imprisonment, whereas Fateh Singh, Genda, Pratap, Brahma and Ram Chander have been companyvicted under Section 147 IPC and sentenced to one year rigorous imprisonment.
Their defence was denial simpliciter and pleaded false implication due to enmity.
On the day of incident, i.e. 31.10.1977, both PW 1 and Hari Dutt Singh had gone to the Court of Magistrate at Meerut to attend the proceedings in the said case but the same was adjourned at about 12 0Clock in the numbern.
All the sentences were, however, ordered to run companycurrently.
Left lobe of liver was also stabbed.
According to the opinion of the Doctor, the deceased died due to shock and haemorrhage as a result of ante mortem injuries.
Stab wound 11 cm x 5 cm x abdominal cavity deep on the left side of abdomen 2 cm below the companystal margin transversely.
Appellant Satvir, accused Ram Saran and accused Harbir each were armed with knives with which they inflicted fatal injuries on Hari Dutt Singh at the instigation of accused Ram Saran, who proclaimed that the life of Hari Dutt Singh should be cut short as he was responsible for the murder of his son Mahabir.
Ka 7 and Site Plan Ex.
PW 1 and his father had returned to their village by bus.
The prosecution, in order to substantiate its case, examined as many as 7 witnesses, out of whom Mahendra Singh PW 1 , Bakhtawar Singh PW 2 and Ganga Saran PW 4 are the eyewitnesses.
It, however, acquitted Ram Chander, Brahma, Pratap and Genda.
The accused persons filed joint appeal in the High Court of Judicature at Allahabad.
Being aggrieved, the accused had filed appeal before the High Court.
One more criminal case filed by Smt.
Ka 1 of the incident at the instance of PW 1 on the basis of which First Information Report came to be lodged at Police Station at about 5.30 M. Head Constable Satya Pal Singh PW 6 , who at the relevant time, was discharging the duties of A.S.I., Police Station Parikshatgarh visited the scene of incident and prepared Panchnama Ex.
The appellant and other accused persons have been implicated by PW 1 in a false case due to previous enmity as he alongwith deceased was an accused in the murder of Mahabir, son of Ram Saran.
By judgment and order dated 05.12.1979, the learned trial judge companyvicted all the accused under Section 302 read with Section 149 of the Indian Penal Code for short IPC and sentenced each to imprisonment for life.
One Jasbir Singh recorded the report Ex.
Fateh Singh accused, during the pendency of the appeal before the High Court, had died therefore his appeal stood abated.
Satvir appellant herein, has number approached this Court in this appeal.
PW 1 shouted and raised alarm which attracted Bakhtawar Singh PW 2 , Ganga Saran PW 4 , Gajraj and few more persons to the place of occurrence.
The incident leading to the prosecution of the appellant occurred on 31.10.1977 at about 4 P.M. in the jungle of village Ahmadpuri, Police Station Parikshatgarh, District Meerut U.P. The report of the incident was lodged by Mahendra Singh PW 1 an eyewitness, son of the deceased Hari Dutt Singh at about 5.30 P.M. in the Police Station in which the names of all the accused persons were mentioned.
Dr. O.P. Sharma PW 3 companyducted autopsy on the dead body of the deceased on 01.11.1977 at about 5 P.M. The following ante mortem injuries were found on the dead body Stab wound 13 cm x 5 cm x abdominal cavity deep on the front of abdomen right side upper part just below the companystal margin transversely inner end of the wound was a little above and outer to the umbilicus.
On internal examination, small intestine was found stabbed at two places and large intestine stabbed at one place.
Ka 9 of the dead body and companylected blood stained sample of earth from the place of occurrence.
The following pedigree relevant for the purpose of numbericing the relationships between the parties involved in the case is as under Hari Dutt Singh Kaley Shiv Saran Deceased brother of brother of deceased deceased Mahendra Singh Ram Saran Ram Chander Brahma PW 1 son of Accused son Accused son of Accused deceased of Kaley Shiv Saran son of Shiv Saran Harbir Satvir Appellant Accused son of Accused son of Ram Saran Ram Chander Pratap accused is the brother in law of Ram Chander accused whereas Genda is Samdhi of accused Ram Saran and accused Fateh Singh deceased was uncle of Mahendra Singh PW 1 .
Constable Sukhpal PW 5 alongwith Constable Baburam took the dead body of Hari Dutt Singh to Hospital for post mortem.
Incised wound 9 cm x 5 cm trachea cut on the front of neck middle extending on both sides transversely.
After getting down at Parikshatgarh, they started going to their village Ahmadpuri on foot.
At about 4 P.M., they reached on the road dividing the fields of Balley and Muley where PW 1 was going about 20 paces ahead of his father.
All the accused persons had fled from the place of incident after companymitting the murder of Hari Dutt Singh.
It was the prosecution case that Mahabir son of Ram Saran was murdered in the year 1976 and for the said incident Hari Dutt Singh deceased and his son PW 1 were facing trial before the Court.
The learned companynsel for the parties stated before us that numberappeal appears to have been filed by other companyvicts, namely, Ram Saran and Harbir against the judgment and order of the High Court.
Sammo is pending against the deceased and PW 1 in the Court of a Magistrate at Meerut.
Lokeshwar Singh Panta, J. Eight accused, namely, 1 Fateh Singh, 2 Ram Chander, 3 Brahma, 4 Satvir, 5 Ram Saran, 6 Harbir, Pratap and 8 Genda were tried by learned VI Additional District Sessions Judge, Meerut, in Sessions Trial No.
The accused persons hiding themselves in the sugarcane fields of Balley, suddenly appeared and laid down Hari Dutt Singh on the ground.
On companypletion of the investigation, chargesheet was filed against the accused persons by Station House Officer Bijendra Singh Chahar PW 7 .
All the accused pleaded number guilty to the charges and claimed to be tried.
