The name of fathers brother was Thakura, I do number know the name of my grandfather.
On an appeal preferred thereagainst by the State, a Division Bench of the High Court, on the other hand, by a judgment and order dated 1.9.1999, reversed the said judgment of the Trial Court.
The High Court, however, opined that the pellets were of small size and companyld be deflected easily and there is a possibility of it that pellets companyld change their direction after hitting them with a force.
They were allegedly having torches is their hands.
Margin lacerated inverted.
He, thereafter, went to the Thakurdwara Police Station is a tractor belonging to one Jagraj Ram accompanied by two persons, namely, Chet Ram P.W. 2 and Veer Singh.
The post mortem of the deceased was carried out by P.W. 9 Dr. Madan Mohan, G.D.M.O., Central Police Hospital, Moradabad on 14.4.1992.
P.W. 1, however, in his evidence categorically stated I was away from the Engine.
The Trial Court disbelieved the evidence of P.W. 2 and P.W. 3.
I do number know if Bihari, Gangu, Bhola, Sandhu were brothers of my grandfather.
The Investigating Officer, who was examined as P.W. 7 did number companytradict him.
They have different fields and kitchens.
X ray however, was taken on 18.4.1992 by P.W. 6 Dr. Om Mehrotra, Senior Radiologist, District Hospital, Moradabad, who found an opaque substance which, according to him, was a metallic pellet seen in upper part of right arm of W. 1.
Appellant No.
from the place of occurrence.
The death, according to him, took place on 1 day before the examination, which would take us about 10 p.m. on 12.4.1992.
At about 9.00 p.m. on 12.4.1992, the deceased and his wife Chatarvati were said to be irrigating their sugarcane field with the help of motor pump.
604/2002 acquitting the Appellants herein for companymission of offences under Sections 148, 302 and 307/149 of the Indian Penal Code IPC, for short and under Section 27 of the Arms Act, 1959 was reversed companyvicting them under Sections 148, 307/149 and 302/149 of the Indian Penal Code for intentionally causing death of one Ram Gopal deceased and his wife Chatarvati, as also for attempt to companymit murder of their son Rajveer Singh the first informant .
A wireless message was also allegedly sent at about 1.00 a.m. to P.W. 7 S.P.S. Thomar, S.I. of the police station, who was, at the relevant point of time, posted at the police outpost Suraj Nagar.
It was said to be a moonlit night.
2 Prem Singh and Appellant No.
I flashed the torch as others who were having torches were also far from the engine.
The deceased Ram Gopal owned agricultural land towards west side of the village Lalapur Pipalsana.
The said P.W. 7 S.P.S. Thomar reached the place of occurrence.
The name of Nannus father was Bihari.
Appellant No.
The said FIR was dispatched to the Court at about 6.25 a.m. on 13.4.1992, but the same reached the Court on 18.4.1992.
5 Ram Raj is number related to other Appellants, but he is stated to be belonging to the group of the other appellants.
Other accused persons also stated to have fired their respective weapons.
I was working at about 10 steps from the engine when the accused came.
The direction and dispersal of injury sustained by Ram Gopal did number tally with the prosecution case, which, according to the learned Trial Judge, raises a doubt about the presence of the prosecution witnesses.
He, in his evidence, stated The direction of injury No.
2 and 3 were number related to the companyplainant.
1 Budh Singh and one Kanhai were said to have illegally occupied about 40 45 bighas land of the said Gram Samaj.
1 fired one shot.
P.W. 9 Dr. Madan Mohan, performed the post mortem examination.
The Appellant No.
Injuries found on the dead body of Chatarvati Gun shot wound of entry 6 cm x 3 cm on rt.
My mother and father were working near me.
The following statement of P.W. 2 in his cross examination goes to show that they were related to the companyplainant The name of may father was Kallu.
and IInd rib, right fractured.
The High Court, however, held that P.Ws.
We also fail to understand as to why the Investigating Officer, who took over the investigation from P.W. 7 and who had investigated only for 8 days, had number been examined.
I do number know if Nannu and Chotte are brothers.
He advised P.W. 1 that an X ray of the injured part of the body required to be taken.
Three police personnel being P.W. 5 Constable Chandra Sen, P.W. 7 S.P.S. Tomar and P.W. 8 Constable Shailesh Tyagi were examined to prove the post mortem report of the deceased as also the injury report of P.W. 1.
The appellants allegedly said that the land belonged to Gram Samaj and they would cultivate the same.
Prem and Jagan are separated.
P.W. 4 Dr. S.K. Verma, P.W. 6 Dr. Om Mehrotra and P.W. 9 Dr. Madan Mohan were examined whereas the radiological report was proved by P.W. 6.
Appellant No.
The name of Heerss father was Nannu.
The ante mortem injuries found on the dead body of the Ram Gopal clearly belied the statements of P.Ws.
I was making bed kyari in the feld.
The injury No.
6 Rajendra Singh is son of Prem Singh.
Besides Budh Singh, the remaining five accused were carrying companyntry made pistols and companyntry made guns.
1 Bugh Singh allegedly fired from his gun upon Ram Gopal, whereas Appellant No.5 Ram Raj fired a shot on the wife of the deceased Chatarvati.
He also made an attempt to arrest the accused in the night.
4 Mahesh Singh is son of Budh Singh whereas Appellant No.
Only Budh singh, according to P.W. 1, was responsible for firing from his double barrel licensed gun.
Margins inverted and lacerated.
The learned Trial Judge, by reason of a judgment and order dated 13.8.1993, acquitted the appellants, inter alia, holding The First Information Report was ante timed and ante dated The exact time of occurrence has number been proved The injuries on the person of P.W. 1 was doubtful The evidences of P.W. 2 and P.W. 3, who were chance witnesses, were number reliable The medical evidence does number support the prosecution case.
Piece of left lung cavity out of numberinjuries.
1 of Ram Gopal was from upwards to downwards.
Side chest upper part over clavical medical part x chest cavity deep.
The Appellant No.
I am number uncle of Veer Singh.
I was towards south from the engine.
It is wrong to suggest that Nanua was also brother of my father.
Direction posterior and downward.
On receiving injuries on their person, both Ram Gopal and his wife Chatarvati ran a few paces, but fell down dead at some distance.
The said opinion was arrived at by the High Court on the premise that the dispersal of pellets, as mentioned in authoritative texts, were regular factory made cartridges.
Skin around this wound is charred, blackened and tattooing present.
Shiv singh was son of Chotte.
1 Budh Singh was said to be armed with double barrel gun, whereas Prem Singh, Jagan Singh and Ram Raj were armed with companyntry made guns and Mahesh and Rajendra Singh were said to be armed with companyntry made pistols.
Appellant No.
P.W. 1 Rajveer Singh, who was, at the material time, about 16 years old, thereafter went to the house of one Hori Singh and scribed a First Information Report FIR .
I do number know if Chotte was son of Bihari.
But P.W. 3 had changed his statement regarding place of occurrence where Chatarvati had sustained injuries.
They allegedly intended to take possession of the land belonging to the deceased on the pretext that the same also belonged to Gram Sabha.
There is a bleak possibility that Ram Gopal had received all the three injuries, from three different shots.
3 Jagan Singh are real brothers.
Some lands belonging to the Gram Samaj were situate adjoining the said land.
The dispute between the parties in regard to the said land had been pending for the long.
At that Time, hearing the numberse, Chet Ram P.W. 2, Shiv Singh P.W. 3, Veer Singh and Sawan Singh allegedly arrived at the place of occurrence.
The police station was situated, at a distance of about 28 kms.
Appellant No.
1, 2 and 3.
He found the dead bodies lying on the field.
The dead bodies were sent in a tractor for autopsy at about 12 12.30 during the day time by P.W. 5 Constable Chandra Sen. The post mortem examination of both the dead bodies were, however, number done on 13.4.1992, because numberautopsy surgeon was available.
They stopped running of the motor, as a result whereof there had been exchange of abuses.
He lodged a First Information Report at about 00.25 hours 13.4.1992.
The inquest of the dead bodies started at 8 a.m. and companycluded at 9.30 in the morning on 13.4.1992.
On opening the left lung and heart, pleura and pericardium underneath are lacerated.
No charring blackening and tattooing present.
A lantern had also been kept hanging from a nearby tree.
It is wrong to suggest that I am companycealing deliberately that I am companynate to the Ram Gopal, Veer Singh and Shiv Singh.
The High Court, however, reversed the said findings stating that the deceased and their son had been irrigating their field.
The ante mortem injuries found on the body of Ram Gopal are already mentioned.
W. 3 also stated as under My father were two brothers.
Father was making the bed kyari .
I have numberknowledge how many brothers my grandfather, Guljari were.
Injuries found on the dead body of Ram Gopal Multiple gun shot wounds entry 0.3 cm x 0.3 cm in front of chest, abdomen above the interior sup.
In the meantime, P.W. 1, who had also received a gun shot injury, was examined by P.W. 4 Dr. S.K. Verma, the Medical Officer Incharge of the Primary Health Centre, Thakurdwara at about 4 a.m. on 13.4.1992.
Ram Gopal and Veer Singh are son of Heera.
I do number know my grandfather were five brothers.
Before the learned Trial Court, P.W. 1 Rajveer Singh, P.W. 2 Chet Ram and W. Shiv Singh were examined as eye witnesses to the occurrence.
The right clavical 1st rib, rt.
6 Rajendra Singh is said to have fired a shot on Rajveer Singh.
Direction from anterior to posterally medially and size 18 metallic pellets, one Cap and two wadding recovered from the right lung and cavity with Abrasion 2 cm x cm on left side chest below the left clavical middle part.
Illiac spine in an area 40 cm x 2 cm.
I do number know the name of my grandfather was Bihari.
The Appellants, at that point of time, allegedly came to the agricultural land of the deceased.
He companyducted the post mortem examination on 14.4.1992 both of Ram Gopal and Chatarvati.
1 Budh Singh, Appellant No.
The learned Trial Judge further was of the opinion that the companyy of the FIR had number been served upon the companyplainant P.W 1 forthwith and the signature of the informant had also number been obtained in chik report sic for check .
2079/93, whereby and whereunder the judgment and order dated 13.8.1993 passed by the IVth Additional Sessions Judge, Moradabad in S.T. No.
W. 1 allegedly came back to his village at about 6 a.m. in the morning.
B. SINHA, J. The Appellants have preferred this appeal being aggrieved by and dissatisfied with the judgment and order dated 1.9.1999 passed by the High Court of Allahabad in Criminal Appeal No.
The ante mortem injuries found on the dead bodies are as under.
There was numberreason as to why Rajveer Singh was number sent for medical examination immediately after registration of the case, although the Primary Health Centre was situated nearby the police station.
We may, at this juncture, also numberice the medical evidences brought on record.
At the police station, one R.A. Singh, Sub Inspector was present.
