Relying on the evidence of Medical Officer and the post mortem reports, the trial companyrt came to the companyclusion that the two deceased met homicidal deaths.
PW.7, Ram Naresh Yadav is Incharge Police outpost, who proved the check reports.
After usual investigation Police submitted charge sheet against the appellants and ultimately they were companymitted to Court of Sessions where they were charged for companymission of offence under Section 148, 302/149 and 307/149 of the Indian Penal Code.
Appellants denied to have companymitted the offence and claimed to be tried.
On the basis of the aforesaid information Crime No.21/118/97 under Section 147, 148, 149, 307 and 302 Indian Penal Code was registered at 8.20 M. at Khurja Police Station.
PW.4, Dr.S.K. Sharma is another Medical Officer, who had companyducted post mortem examination on the dead bodies of Jagdish and Sheodan and found ante mortem gun shot injuries on their person.
On an appeal the High Court dismissed the same.
Sentences were directed to run companycurrently.
The appellants Dharamveer, Sanjay, Vedi and Vinod besides other accused persons were put on trial for offence under Sections 148, 302/149 and 307/149 of the Indian Penal Code.
PW.5, Ashok Kumar is a Constable who took the dead bodies to mortuary for post mortem examination.
According to the informant on way back, the two deceased and Ravi Kiran were 30 to 35 steps ahead of them and after they had crossed the grove of Ravi Kiran, appellants herein armed with companyntry made pistols came out of millet field of Shreepal and started firing on the two deceased and Ravi Kiran.
In order to bring home the charge, prosecution, altogether examined seven witnesses, out of which PW.1 Jaipal Singh and PW.2 Shivcharan are the eye witnesses to the occurrence.
Further, relying on the evidence of PW.1 and PW.2, the trial companyrt held that the prosecution has been able to prove its case beyond all reasonable doubt and accordingly companyvicted and sentenced the appellants as above.
This has been affirmed by the High Court in appeal.
The Trial Court companyvicted all the appellants under Sections 148 and 302/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year and life respectively.
They were further companyvicted under Sections 307/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years.
In his opinion both the deceased died of shock and haemorrhage as a result of gun shot injuries.
According to the prosecution on 10th October, 1997 at 4 P.M. the informant PW.1, Jaipal Singh along with his nephew Sheodan deceased brother Jagdish deceased besides other persons including Shiv Charan PW2 had gone from their village Ramgarhi to village Auranga to participate in a Panchayat companyvened to settle the dispute between Prakash and his son.
Prosecution companymenced on the basis of report given by PW.1 Jaipal Singh on 10/10/1997 to the In charge out post at Khurja junction within Khurja Police Station.
According to the prosecution Jagdish ran towards Ramgarhi and Sheodan towards Auranga and these appellants chased Jagdish and killed him whereas Sanjay, Sheesh Pal and Neetu since acquitted followed Sheodan and caused firearm injury causing his death in the field of Balwant.
PW.3, Dr.P.P. Singh is a Medical Officer who had examined Ravi Kiran and found lacerated wound on his person caused by blunt object.
3083 of 2001 whereby it had affirmed the judgment and order of companyviction and sentence of the appellants passed by the Special Judge, Bullandshahar in Sessions Trial No.154 of 1998.
K. PRASAD, J. This appeal by way of special leave filed under Article 136 of the Constitution of India is against the judgment dated Ist July, 2003, of the Allahabad High Court in Criminal Appeal No.
PW.6, Madan Mohan is Sub Inspector of Police, who after investigation submitted the charge sheet against the appellants.
Besides oral evidence several documents including first information report and post mortem reports were also brought on record.
