All the sentences were directed to run companycurrently.
Lacerated wound 3 cm 1 cm bone deep, back of occipital region 10 cm behind the left ear.
shoulder upper arm front 1st part largest paper torn X muscles deep smallest 0.2 cm 0.2 cm superficial irregular blackening tattooing searching present.
It is said that on 27.1.1978 at about 1.00 P.M. deceased Basdeo alongwith his brother Prabhoo, PW 2 had gone from their village Bighia to Gotwa Bazar for marketing and while they were returning back to their village at about 4.00 P.M. and had reached near the Government tubewell in village Kuri, all the appellants suddenly emerged from a sugarcane field and surrounded them.
radius bone 2 cm above wrist jt.
7 alone was caused by a fire arm and the remaining injuries were caused by hard and blunt objects like lathi.
Lacerated wound 2 cm 0.5 cm bone deep left leg front 20 cm below knee jt.
leg paper torn.
Multiple Contusions 5 in area of 11 cm 8 cm rt.
Abrasion 2 cm 2 cm, chest rt.
papertorn.
leg front, 14 cm above ankle jt.
forearm 18 cm above wrist jt.
Contusions 4 in number in area of 10 cm 6 cm on the back of forearm and wrist crossing each other c underlying fracture of rt.
The learned IVth Additional Sessions Judge, Basti in Sessions Trial No.
side 5 cm super lateral neeple.
According to the evidence of Dr. Tekriwal, PW 1, injury No.
This statement clearly goes to show that the deceased was fired at from behind when he was running and the appellants Mani Ram and Agya Ram were chasing him.
side 10 cm above rt.
Multiple companytusions in one of 14 cm 11 cm back of left hand wrist jt.
Contusion 5 cm 1.5 cm chin front c underlying fracture of mandible front, 3 cm wide part of whole mandible front was separate from rest of mendible in three pieces .
Prabhoo Nath, however, stated that the witnesses Ajore companyld number appear as a witness in this case because a criminal case against him was going on.
Prabhoo Nath took injured Basdeo to the Police Station on a rickshaw where he lodged the FIR Ext.
Abraded companytusion 9 cm 8 cm back of rt.
Ka 1 is the post mortem report prepared and signed by him.
Contusion 10 cm paper torn front lower part of left leg including on paper torn c underlying fracture of left leg lower part, Both bones paper torn.
Multiple gun shot wounds 50 in number in area of 17 cm 13 cm on each rt.
However Basdeo died in the hospital same evening at 7.15 PM.
Apart from the above facts it may be pointed out that Prabhoo Nath, PW 2 admitted in cross examination that soon after the appellants emerged from the sugarcane field and when the appellant Santram challenged Basdeo, he started running and at that point of time the appellant Mani Ram was standing at a distance of 60 70 yards towards east west and the appellant Agya Ram who was standing at distance of about 4 5 Ft.
Injured Basdeo was sent to the Civil Hospital, Basti where he was medically examined by Dr. Chaturvedi who found injuries on his person as per injury report Ext.
He also deposed that Ram Pher and Bhurkul also companyld number appear as witnesses due to fear and having been paid for number appearing as a witness.
from Mani Ram chased Basdeo and both of them fired at him from their kattas while the deceased was running.
At the trial all the appellants adjured their guilt and pleaded that they were falsely implicated due to enmity.
The prosecution case as it emerges from the FIR Ext.
A perusal of injury No.
Informant Prabhoo Nath, PW 2 the brother of Basdeo who was accompanying him at the time of occurrence companyld number dare to companye forward at the rescue of his brother Basdeo due to the fear that he may also be shot at by the appellants.
It is said that on the exortation of appellants Sant Ram to kill them and number to let them escape, the appellants Mani Ram and Agya Ram opened fire at Basdeo with their companyntry made pistols and the rest of the appellants assaulted him with lathies.
7 was caused by a fire arm.
Contusion c abrasion 8 cm 5 cm left arm lower part, oblique back outer part just above elbow.
Contusion multiple 6 in number in area of 17 cm 1 cm left from back outer part crossing each other.
Abrasion 2 cm 0.5 cm left leg front 8 cm below knee.
7 will distinctly go to show that there were multiple gun shot wounds on a area 17 13 cms right shoulder and front of upper arm and outer part but there was numberinjury either on the back or anywhere behind the shoulder.
It is thus clear that the prosecution withheld the independent witnesses and had only chosen to examine the interested witness Prabhoo Nath, PW 2, who is the real brother of the deceased.
Ka 1 found the following injuries on his person Contusion 10 cm 8 cm face left side, just in front of left lobe.
Thereafter the appellants made their escape good from the place of occurrence.
195/78 companyvicted the appellants Mani Ram and Agya Ram Under Sections 148 and 302 read with Section 149 of the Penal Code and sentenced them to undergo rigorous imprisonment for two years and life imprisonment respectively while the remaining appellants, namely, Ramjiyawan, Kewal, Santram, Siyaram and Janjali were companyvicted under Sections 147 and 302 read with Section 149 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for one year and life imprisonment respectively.
Lacerated wound 3 cm 1 cm bone deep scalp left side parallel to midline, 9 cm above left ear.
It clearly turns out from the evidence of Prabhoo Nath, PW 2 that Ram Pher, Bhurkul and Ram Ajore of his village had also arrived at the place of occurrence just at the moment when the assault was being made on his brother deceased Basdeo but numbere of these independent witnesses have been examined by the prosecution.
This statement of Prabhoo Nath, PW 2 is only speculative as according to his own statement he did number meet any of these witnesses number this information was based on any source whatsoever.
Abrasion 4 cm 3.5 cm back of et.
These sentences and companyvictions awarded to the appellants have been affirmed by the High Court of Allahabad in appeal against which this appeal by special leave has been directed.
Dr. S.G. Kekariwal PW 1, performed the autopsy over his dead body and as per his post mortem report Ext.
In the opinion of the doctor the death of the deceased was due to the injuries on his head as well as due to the unconsciousness of the victim.
Ka 1 regarding the occurrence.
Ka 2 lodged by the informant Prabhoo Nath, PW 2 on 27.1.1978 at 6.25 pm in the Police Station, Sadar Bazar Basti UP is that the appellants and deceased Basdeo, informant Prabhoo Nath, PW 2 brother of the deceased and their father Bali were on Inimical terms as there were criminal and civil cases pending between them since before the occurrence.
The learned trial Judge recorded the companyviction of the appellants on the solitary evidence of Prabhoo Nath, PW 2, the brother of the deceased by holding that his testimony was reliable and free from all taints.
The High Court also on perusal of the testimony of Prabhoo Nath, PW came to the companyclusion that his evidence is free from companytradiction and he being a reliable witness to the occurrence, companyviction of the appellants can be based on his sole testimony.
Appellants Mani Ram and Agya Ram are said to be armed with companyntry made pistols while rest of the appellants were armed with lathis.
Faizan Uddin, J. The appellants Mani Ram, Agya Ram, Rarajiyawan, Kewal, Sant Ram, Siyaram and Janjali were charged and tried under Sections 147, 148 and 302/149 of the Penal Code for companymitting the murder of one Basdeo at about 4.00 PM on 27.1.1978.
Lacerated wound 4 cm 0.5 cm bone deep scalp left side 2.5 cm above parallel to injury No.
Lacerated wound 3 cm 0.5 cm bone deep scalp rt.
