The assailants had also set fire to a motorcycle parked in the house of the deceased Sita Ram Singh.
from each other in right groin, 10 c.m.
The injured were immediately sent to Primary Health Center, Hata where they were medically examined by Dr. Ghan Shyam Singh PW8 between 5.30 and 6.30 a.m. Mr. Umesh Chandra Misra, Investigating Officer PW9 visited the place of occurrence and found the dead bodies of Sita Ram Singh, Surendra Singh and Jai Govind.
The facts leading to the present appeal are that on the night intervening 24th 25th June, 1994 at about 1.45 a.m., one Motilal, Surendra Singh, Virendra Singh, Sharda Singh, Miyadi Ram Miyadi Singh, Dhunnan Singh, Amar Singh all are appellants herein along with Anil Singh number approached this Court and Thagai Singh died during trial armed with deadly weapons entered the house of one Sita Ram Singh and attacked him and other family members, resulting instantaneous death of Sita Ram Singh and his two sons namely Surinder Singh and Jai Govind and also injuries to the other family members of Sita Ram Singh.
The High Court, by the impugned judgment dated 14th July, 2003, while rejecting the reference made by the learned Sessions Judge for companyfirmation of death penalty, awarded life sentence to the appellants Moti Lal, Surendra Singh, Virendra Singh, Amar Singh and Dhunnan Singh for the offence companymitted under Section 302 read with Section 149, IPC and maintained their companyviction recorded under Sections 307 read with Section 149, Sections 452, 427 and 147, IPC and sentences imposed by Sessions Court.
The appellants pleaded number guilty and preferred trial.
Aggrieved by the judgment of the High Court, the appellants preferred the present appeal.
The cause of attack is due to rivalry between the family of deceased Sita Ram Singh and the attacking party over a piece of farm land in respect of which some cases were pending in the Civil Courts.
Kaushalya Devi PW6 was also sleeping inside the house.
The post mortem reports are Exts.
She, in clear and categorical terms, stated that her husband Sita Ram Singh and two sons Surendra Singh and Jai Govind were murdered.
Dr. K. Singh PW7 companyducted post mortem on 26th June, 1994, found ante mortem injuries on the persons of deceased and opined the cause of death as shock and haemorrhage.
above injury No.1.
The learned Sessions Judge, upon appreciation of evidence and material available on record, found that the prosecution has successfully established its case and accordingly found the appellants guilty of various offences and sentenced them vide judgment dated 11th June, 2002.
He seized the remnants of the burnt motorcycle Ext.
On the same day, he arrested Sharda Singh, Anil Singh, Virendra Singh, Thagai Singh died during trial and Surendra Singh and also recovered one licensed gun Ext.
Ka 38 from the house of one Toofani Singh who was found murdered before half an hour of the present occurrence.
Ka 43 was issued at about 2.40 am for the offences punishable under Sections 147, 148, 149, 302, 307 and 427, IPC against nine persons including the appellants herein.
The fact remains that she and other injured persons were examined between 5.30 and 6.30 a.m. on 25th June, 1994.
It is in her evidence that her husband and two sons died on the spot due to the injuries inflicted upon them by the appellants.
During her cross examination, minor discrepancies with reference to her earlier statement recorded under Section 161, Cr.
Immediately upon entering into the house, the appellants started abusing the inmates and indulged in attack during which she also sustained injuries on her body.
Amar Singh was having pharsa fitted with lathi.
It is also in her evidence that few minutes before the incident, one Toofani Singh was murdered.
Manju Singh PW5 is the wife of the deceased Sita Ram Singh who also sustained the injuries in the said attack.
In the attack, the appellants used companyntry made pistols katta , gun, bomb, iron rod ramma , pharsa fitted lathi etc.
Bela Devi, Ram Lachhan Singh and Ram Bilas were won over by the appellants.
Manju Singh and Smt.
She is the informant who rushed to the police station Hata on the same night and got prepared report Ex.
Dhunnan Singh was armed with ramma.
Ka 1 based on which the First Information Report Ex.
Ka 1 from one Dwarika Tiwari, resident of Hata and lodged report at police station.
Bleeding was present and 2 two round lacerated wounds of 0.5 c.m.
Manju Singh PW5 that she went to police station on a cycle of an unknown person.
Surendra Singh and Virendra Singh were also having kattas.
Bleeding with clotted blood was found present.
That immediately after the occurrence, she went to police station, Hata and got prepared report Ext.
The appellants were in inimical terms with Bichari Singh Vakil who belonged to her family and there was a litigation pending between them in respect of a piece of farm land.
She also stated that amongst others, Smt.
The High Court further altered companyviction of appellant Sharda Singh under Section 148, IPC to one under Section 147, IPC while maintaining the sentence.
We have heard learned companynsel appearing for the appellants as well as the State and companysidered the record of the case.
She is the crucial witness and the entire case mainly centres around her evidence.
P.C. were brought on record which are trivial in nature and the Courts below rightly ignored them.
Kaushalya Devi PW6 had also witnessed the occurrence.
Though this witness was subjected to intense cross examination, numberhing companyld be brought on record to impeach her credibility.
Anil Singh and Virender Singh were sons of Sharda Singh.
It is in the evidence of Smt.
She herself was injured in the incident, therefore, her presence at the time and place of incident can hardly be doubted.
The appellants hit her husband and two sons with the weapons in their hands.
The appellants Ram Miyadi, Amar Singh, Moti Lal, Surendra Singh, Virendra Singh, Dhunnan Singh, Sharda Singh along with Anil Singh and Thagai Singh since died during trial barged into her house.
At the relevant time, the lights were on in the house.
It was found that injuries were caused by firearm, simple in nature and were fresh in duration.
On the fateful day, they were sleeping in the house in the Chhappar of Dalan.
She explained that the other witnesses Smt.
She also deposed that the appellants set fire to the motor cycle that was parked in the house.
Kaushalya Devi PW6 , wife of Bichari Singh Vakil companyroborated the statement of Smt.
radius each present at a distance of 4 c.m.
The High Court also companyfirmed companyviction of Sharda Singh, Miyadi Singh and Anil Singh under Section 302 read with Section 149, Section 307 read with Section 149, Sections 452, 427 and 148, IPC and sentences imposed for companymission of those offences.
Vijai Laxmi, Smt.
Ka 37 , the blood stained ramma iron rod with an edge on one end , empty cartridges, wads and pellets from the spot Ext.
Anil Singh was holding gun, Sharda Singh was having lathi, Miyadi was having bomb and Moti Lal was holding katta companyntry made pistol .
SUDERSHAN REDDY, J. This appeal by special leave is directed against the Judgment and Order dated 14th July, 2003 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.
Ka 34 and Ka 35 and prepared a site map, recorded statements of the injured and others who were found to be companyversant with the incident, made inquest report Ext.
All the companyvicts jointly preferred Criminal Appeal No.
2405 of 2002 before the High Court of Judicature at Allahabad challenging their companyviction under different provisions of I.P.C. and imposition of sentences.
