Rameshwar Dayal fired his gun at the deceased and Janmejaya fired another shot at the deceased from his pistol simultaneously.
Sukhdev was also companyvicted under section 324 whereas Rameshwar Dayal and Janmejaya Deo were companyvicted under section 394 I.P.C. and sentenced to four years rigorous imprisonment.
In the first place, when the Investigating Officer visited the place of occurrence he found one empty cartridge and four live cartridges at the spot.
appellants made good their escape by running away towards the south.
Similar opinion was given by the High Court in respect of Chhotey Lal, P.W. 3 where the High Court observed as follows Rajendra whom we have found was present during the occurrence has supported the statement of Chhoteylal.
It may also be mentioned here that the Sessions Judge found as a fact in his judgment that the cartridges which were found on the spot were live cartridges though by mistake they were recorded as empty cartridges in the evidence of the Investigating Officer Muniraj Singh.
Both the High Court and the, Sessions Judge have believed the evidence of Ws.
The, fact that live cartridges were found at the spot does number appear to have been companytroverted either before the Sessions Judge or even at the time when the appeal was filed before the High Court.
Appeals by Special Leave from the Judgment and Order dated 1 8 1972 of.
In their application the appellants prayed for the examination of two witnesses, namely.
After the witnesses were examined by the High Court the appellants were reexamined under section 342 Cr.
In the First Information Report lodged by him without any delay whatsoever it bad been mentioned that Chhoteylal had been injured by Sukhdeo with a spear wielded by him.
Sukhdeo intercepted Chhoteylal when he wanted to protect his brother and inflicted a spear injury on him.
In this companynection, the High Court observed as follows Shri S. N. Mulla and Shri R. K. Shangloo represent the appellants in Criminal Appeal No.
Shri Saxena also asserted that during the arguments the attention of the Sessions Judge was pointedly drawn to the statement made by the Investigating Officer on which reliance has been placed by the appellants and both the parties proceeded on the footing that the cartridges were live when they were produced before the Court.
Similarly, rejecting the adverse companyments made against the testimony of P.W. 2 the High Court said that his explanation for his presence in the companypany of the deceased when he was shot at is quite plausible.
The Sessions Judge has particularly discussed all the aspects of the case very exliaustively and has companybated every possible argument that was or companyld be advanced before him by the appellants.
P.C. One of the main points taken by the appellants in their petition for special leave was that the High Court judgment was vitiated by the failure of the High Court to give a reasonable opportunity to the appellants in order to rebut the evidence of the witnesses examined by the High Court under section 540, Cr.
Thereafter, the.
When we enquired from them as to whether the revolver cartridges when exhibited at the trial were live or empty neither of the two learned companynsel found himself in a position to refute the statement made by Shri B. C. Saxena.
K. Garg, S. C. Agarwala and A. P. Gupta for the appellants.
Regarding P.W. 1 the High Court accepted his evidence and observed as follows We are satisfied that Chhoteylal P.W. 3 was also present in the companypany of his brother Babu Ram when he was shot dead.
P.C. Thereafter, the appellants filed an application on 25th April, 1972 praying that they may be given an opportunity to rebut the evidence of the Court witnesses summoned by the High Court.
P. Rana for the Respondent.
Similarly, the trial Court has also accepted the evidence of these witnesses in the same terms.
In the case of Regina v. Gazard 1 it was held by Patteson, J. that it will be a dangerous precedent to allow a President of the Court of Record to be examined as a witness.
Shri S. N. Mulla, Bar at Law and Shri Bankesh Behari Mathur, Advocate, Bareilly and also call for a docu ment, viz.,
Of the accused persons Rameshwar Dayal was armed with a single barrel gun, Achmal Ram with a double barrel gun, Janmejaya Deo with a companyntry made pistol and the others were variously armed with spears, Kantas and lathes.
241 242 of 1972.
P.C. which had been initiated against the accused persons on the basis of an application given by the deceased Babu Ram.
The learned Sessions Judge after a very careful appraisal of the evidence and the circumstances of the case came to the clear companyclusion that the case was proved against the appellants and he accordingly companyvicted them.
Virendra and others who were accompanying the deceased raised an alarm at which Achhmal fired a shot at them which did number hit them.
The police visited the spot and after the usual investigation submitted a charge sheet against the appellants as a result of which they were put on trial by the Sessions Judge and companyvinced and sentenced by him as indicated above.
The prosecution had examined three main eye witnesses in the case, namely, P.W.1 Rajendra, P.W.2 Mungolal Sharma and W.3 Chhoteylal.
The High Court, on appeal, affirmed the companyviction and sentences indicated above.
The unfortunate occurrence which resulted in the death of the deceased is an outcome of an outstanding enmity between the two parties.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
P.C. and this argument has been the sheet anchor of Mr. Garg, companynsel for the appellants before us.
the Allahabad High Court in Criminal Appeal Nos.
242 of 1972 there are two appellants, viz.,
Rameshwar Dayal, Achhmal Ram, Janmejaya Deo, Rohtas, Sudama, Ramdas, Raghunandan and Rohan were further companyvicted under section 324 read with section 149 P.C. and sentenced to one years rigorous imprisonment.
The Judgment of the Court was delivered by FAZAL ALI, J. These two criminal appeals by special leave are directed against a companymon judgment dated 1st August, 1972 of the Allahabad High Court upholding the companyviction and sentences imposed by the Sessions Judge, Bareilly on the appellants.
Rameshwar Dayal, Achhmal Ram, Janmejaya Deo, Rohtas, Sukhdeo and Sudama were further companyvicted under sec tion 148 I.P.C. and sentenced to 18 months rigorous imprisonment whereas Ramdas, Raghunandan and Rohan were companyvicted under section 147, I.P.C. and sentenced to one years rigorous imprisonment.
9th December, 1969 was the date fixed for giving evidence in the proceedings under section 107/117 Cr.
Shri B. C. Saxena who had appeared for the prosecution before the trial Court emphatically asserted that when the sealed packet companytaining Ex.2 was opened it companytained four live cartridges.
2488 and 2561 of 1969 .
A narrative regarding the manner in which the occurrence took place was jotted down by P.W, 1 Rajendra, son of the deceased at the spot and he carried the same to the Police Station Fatehganj, a mile from the scene of the occurrence where the I.R. was lodged at 8 a.m. on the basis of which a case was registered against the appellants under sections 302, 394 and 324 and other provisions of the Penal Code.
the Panchayatnama Register of Police Station Fatebganj.
Mookerjee and R. K. Bhatt for the Intervener.
He is in our judgment, a thoroughly reliable witness.
2561 of 1969.
Two facts need special mention which have taken place during the companyrse of investigation.
Babu Ram fell down as a result of the injuries received by him.
All the appellants were companyvicted under section 302/149, P.C. and sentenced to imprisonment for life.
In Criminal Appeal No.
Both these learned companynsel had appeared on behalf of the defence before the trial companyrt.
241 of 1972 there are seven appellants, viz.,
The leader of the faction against whom the proceedings had been started was Munnalal.
In Criminal Appeal No.
1, 2 and 3 who proved the assault on the deceased and Chhotey Lal.
Rohtas and Sukhdev.
Rameshwar Dayal, Acchmal, Janmeje, Rohan, Raghunandan, Ramdas and Sudama.
The High Court, however, refused to accede to the prayer of the appellants on the ground that they had got full opportunity to crossexamine the witness examined by the High Court under section 540, Cr.
Babu Ram along with his companypanions left for Faridpur and when he reached near the field of one Laltu Nal, he was surrounded by the appellants who were Iying in wait for him in the bushes and who on seeing the accused add his party emerged and started abusing him right and left.
It was Shri Mulla who had cross examined the investigating Officer.
The appellants have challenged the factum of the recovery of four live cartridges at the spot an aspect which has engaged the main attention of companynsel for the appellants in this Court as well in the High Court which will be dealt with a little later.
Even this fact was number companytroverted either before the Sessions Court or in the memo of appeal filed in the High Court.
