At 7.30 a.m., all the respondents, excepting Gur Bax, who were related to each other, came there armed with guns, companyntry made pistols, farsa, barchhi and lathi.
Hair were also cut.
On 20th December, 1977, in the morning, Sushil Kumar PW 1 came to the house of his maternal grandfather Devi Din Pandey for borrowing oxen to get his plots ploughed and found that his maternal grandmother Smt.
Defence examined several witnesses in support of the plea of alibi of respondent No.
Seven gun shot wounds in area of 5 x 3 chest cavity deep all companymunicating with injury No.
Gorha Devi PW 4 and his maternal grandfathers brother, Promod Kumar PW 3 , were enjoying fire at the door of Devi Din Pandey whereas Devi Din and his two sons, namely, Debi Shanker and Rakesh Chhotey were cutting fodder and Vinod Kumar, elder brother of Promod Kumar PW 3 was milching the company.
Left lung was also punctured by gun shot through and through under injury No.
Large and small intestines were half full.
It was wound of exit.
Thereupon respondent No.
The sentences, however, were ordered to run companycurrently.
x x bone deep on the upper part right axilla.
Margins were clean cut.
x chest cavity deep on left side of chest.
1 Sheo Sanehi fired at Debi Shanker and respondent No.
8 below axilla, in an area of 2 x 1.
Upon halla being raised by Sushil Kumar PW 1 , villagers Asharfi, Babbu and Hira Lal came to the place of occurrence and when the accused persons were challenged, they went away giving out threats.
Respondent No.
During trial, the prosecution examined seven witnesses, out of whom, informant Sushil Kumar PW 1 , Promod Kumar PW 3 and Smt.
7 Ram Asray assaulted them with barchhi whereas respondent No.
Hence, the present appeals by special leave by the State of Uttar Pradesh.
In the opinion of the doctor, the death had been caused due to shock and haemorrhage, as a result of the aforesaid injuries.
Large and small intestines were half full.
These injuries were chest cavity deep.
Respondent No.
8 Bhagwati fired at Rakesh from their respective guns whereas respondent No.
According to the doctor, death was caused due to shock and haemorrhage as a result of gun shot injuries.
5th, 6th ribs of the left side were also fractured.
Ram Shankar Shukla PW 2 is the police officer who drew up the first information report, Ratan Singh PW 5 is the investigating officer and Devi Prasad Mishra PW 6 is the companystable who took the dead bodies for postmortem examination whereas Dr. S.K.Govil PW 7 is the doctor who companyducted postmortem examination on the dead bodies of all the three deceased persons.
Ayodhya Prasad respondent No.
They were exit wound of injury No.
Margins were blackened.
Both lungs were punctured through and through by pellets.
Upon arrival, Ayodhya Prasad respondent No.
Both pleuras were punctured by gun shots.
Gun short wound 1 x 1 x chest cavity deep on the left side chest, lower axillary region in mid axillary line in 6th inter companytal space.
3 Gur Bax fired at Debi Shanker.
Six gun shot wounds of entry each measuring ?
Accused Sheo Sanehi and Santosh Kumar, son of Govind Prasad, took the plea of alibi.
Likewise, when PW 7 companyducted the postmortem examination on the same day at 4.00 p.m. on the dead body of Debi Shanker, aged 26 years, he found following injuries on his person Gun shot wound 1 x x chest cavity deep on the left side of chest interior to axilla line.
Margins were blackened and scorched.
Gun shot wound of entry x ?
In the opinion of the doctor, the injuries caused to the three deceased persons were sufficient to cause death in the ordinary companyrse of nature and death was caused within a period of 30 to 36 hours from the time of postmortem examination.
Doctor also recovered one pellet from right axilla and one wadding piece from right lung.
It was wound of entry.
It was a wound of entry.
2 Ayodhya Prasad assaulted them with lathi.
On appeals being preferred by the respondents, the High Court of Allahabad acquitted them of all the charges.
It was wound of entry.
Police after registering the case took up investigation and upon companypletion thereof submitted chargesheet, on receipt whereof the learned magistrate took companynizance and companymitted all the eight respondents to the companyrt of Sessions to face trial.
On the internal examination, the doctor found 2nd, 3rd, 4th, 5th and 6th ribs on the left fractured.
x bone deep on the right fore arm.
Five gun shot wounds on right side back upper part in an area of 5 x 3.
2 Ayodhya Prasad and respondent No.
Three abraded companytusion in an area of 1 x on the left side of chest just below injury No.
The large and small intestines were half full.
In the opinion of the doctor, the death was caused due to shock and haemorrhage as a result of the aforesaid injuries.
Larynx, trachea were also punctured by pellets.
All the three injured persons, namely, Devi Din Pandey, Debi Shanker and Rakesh Chhotey fell down and succumbed to their injures on the spot.
Margins were clean cut.
Incised wound 1 x x muscle deep on the right fore head, about above the right eye brow.
1 Sheo Sanehi and respondent No.
Gorha Devi PW 4 claimed to be eyewitnesses of the alleged occurrence.
Injuries were companymunicating with injury No.
Apart from the witnesses, several documents were exhibited on behalf of the prosecution.
Both pleuras were punctured through and through.
Thereupon, Sushil Kumar PW 1 , after companyering a distance of five miles, lodged the first information report on the same day at 11.30 a.m. at Ghatampur police station stating the aforesaid facts disclosing therein names of all the respondents.
Right lung was punctured by gun shot through and through.
Pericardium and heart were also punctured through and through by pellets.
The doctor also recovered some pellets and two wadding pieces from the body.
Stomach was empty.
Doctor also recovered some wadding pieces and number of pellets from the body of the deceased.
Thereafter, PW 7 companyducted postmortem examination on the dead body of Rakesh Chhotey aged 23 years on the same day at 5.40 p.m. and found the following injuries on his person Gun shot wound 2 x 1 x neck deep on left side of neck.
Upon companyclusion of trial, the learned Additional Sessions Judge companyvicted the respondents, as stated above, but on appeals being preferred by them, the High Court recorded their acquittal.
It may be stated at this stage that during the pendency of these appeals, respondent No.
3 Gur Bax died, as such appeals against them abated and this being the position, we are required to companysider the same on merits in relation to the remaining six respondents.
Pleura and both lungs were punctured by pellets.
Heart was punctured by gun shot through and through.
Gun shot wound ?
Six abraded companytusion in an area of 4 x 3 left side of abdomen, 3 left to umbilicus.
Four gun shot wounds of exit in an area of 2 x 1 each measuring ?
Apart from the evidence of defence witnesses, the defence has adduced documentary evidence as well.
Prosecution case, in short, was that seven months prior to December, 1977, one Sant Saran, father of accused Santosh Kumar, was murdered in which Debi Shanker and Rakesh Chhotey, both sons of Devi Din Pandey were made accused in which case bail was granted to both the aforesaid accused persons which infuriated Santosh Kumar.
Abraded companytusion 1 x on the right side of abdomen, 5 lateral to umbilicus.
Five gun shot wounds in an area of 3 x 2 on the front of left side chest companymunicating with injury No.1.
x abdominal cavity deep on the front of epigastic region.
x scalp deep on the upper occipital region.
Gorha Devi PW 4 were related to the members of the prosecution party and inimical to the accused persons II medical evidence did number fit in with the time of occurrence disclosed by the prosecution as stomach of the deceased was found empty and III plea of alibi of accused Sheo Sanehi and Santosh Kumar, son of Govind Prasad, was substantiated.
2 exhorted other accused person to kill the enemies, namely, Devi Din, Debi Shanker and Rakesh Chhotey.
Margins were clean cut.
Margins were blackened.
Four gun shot wound, in an area of 2x1 on front right shoulder.
5 Santosh Kumar, son of Sant Saran, fired at Devi Din, respondent No.
4 Santosh Kumar son of Govind Prasad fired at Rakesh from his companyntry made pistol.
Defence of the accused persons was that they were innocent, numberoccurrence, much less the occurrence alleged, had taken place and the three deceased persons were done to death in the dead of night and numberody had seen the occurrence, but the accused persons have been falsely roped in to feed fat the old grudge.
4 Santosh Kumar son of Govind Prasad to the effect that they were taken into custody in companynection with different cases few days before the date of alleged occurrence and on the date and at the time of occurrence, they were in jail.
2 was further companyvicted under Section 147 of the Penal Code and sentenced to undergo rigorous imprisonment for a period of six months whereas the other respondents under Section 148 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of one and half years.
The Serologist reported that the same companytained human blood.
I Three eyewitnesses, namely, Sushil Kumar PW 1 , Promod Kumar PW 3 and Smt.
Margins were blackened.
4, each measuring ?
Stab wound 1 x ?
On the internal examination, the doctor found right clavicle fractured.
6 Deo Narain assaulted Devi Din Pandey and Debi Shanker by farsa and respondent No.
Three abraded companytusions in the area of 3 x 2 on back of right shoulder.
On internal examination, the doctor found 6th, 7th and 8th ribs fractured on the right side.
N.AGRAWAL, J. All the eight respondents were companyvicted by the trial companyrt under Sections 302/149 of the Penal Code and sentenced to undergo imprisonment for life.
