They pleaded number guilty to the charges and claimed trial.
Brief facts of the case are that Subedar Singh P.W. 1 has got three sons, namely, Jai Karan Singh, Shiv Karan Singh and Ram Karan Singh.
In these circumstances, the explanation offered by P.W. 1 Subedar Singh for number lodging the FIR soon after the occurrence, in our view, was quite satisfactory and companyvincing and there was numberdeliberate delay on his part in reporting the crime to the police.
1 and 4 are interested witnesses and as such numberimplicit reliance can be placed on their testimony companynecting the appellants with the companymission of the crime.
90 of 2007 respectively.
All of them proceeded towards the village.
The learned companynsel also companytended that since the deceased was a member of the gang of dacoits, there was every possibility that he might have been killed in a gang rivalry and the appellants have been falsely implicated in the present case.
1 on the dictation of his father P.W. 6 M. Rajendra Vir Singh prepared the check report at the police station on the basis of the written report handed over to him by P.W. 1 who made an entry regarding registration of the crime in G.D. and P.W. 7 Sub Inspector Asha Ram Tripathi, Investigating Officer of the case.
W. 4 Dayalu fully companyroborated the testimony of W. 1.
Pleura were lacerated at several places.
were companylected vide Memo Ex.
He requested Jagani, his companyvillager, who was also companying back from the railway station and going to the village, to inform the members of his family about the murder of Jai Karan Singh.
Ka.1 on 24.07.1980 at 615 a.m. at Police Station, Sumerpur situated at a distance of about 15 kms.
The prosecution examined P.W. 1 Subedar Singh, father of the deceased and Dayalu P.W. 4 as eye witnesses of the occurrence P.W. 2 Dr. P.N. Singh companyducted autopsy on the body of Jai Karan Singh on 25 July, 1980 at 1100 a.m. W. 3 H.G. Dibiya produced the case papers in the companyrt W. 5 Shiv Karan Singh, brother of the deceased, was scribe of report Ex.
Five small rounded pellets were recovered from the cranial cavity.
They left the Link Road and took turn on the pathway leading to their village and when Jai Karan Singh reached near the field of one Brinda Singh, Ram Bahadur Singh accused dead shouted that their enemy had reached and should be killed.
There is numberevidence on record to support this companytention and it deserves to be rejected.
It is the evidence of P.W. 7 that at about 930 a.m. on the following morning of the incident, he took torches from W. 1 and Shiv Nath and on inspection thereof, these were found in working companydition.
sugar.
The right lung was lacerated and lower lobe at two places.
The bone of the skull was fractured.
Ka1 by P.W. 1 therefore, numberreliance can be placed on such a document.
2004 of 1981, were heard together and shall stand disposed of by this companymon order.
293 of 1980, companyvicted the accused under Section 302 read with Section 149 and Section 148 of the Indian Penal Code and sentenced them to imprisonment for life and two years rigorous imprisonment respectively.
The brain was pulpy and seen companying out of the wound.
On internal examination of the deceased, left temporal parietal and frontal bones were found fractured.
He took gunny bag companytaining 15 seers of khalli from Jai Karan Singh who was carrying one more bag companytaining 3 4 kgs.
One Raja bhiah, resident of village Surauli was also involved in the said dacoity case and P.W. 1 appeared as a defence witness for accused Raja bhiah and for that reason also, sons of Lalloo Singh used to threaten him with dire companysequences.
Membranes of the brain were torn and lacerated at several places.
The accused in their statements recorded under Section 313 of the Code of Criminal Procedure, 1973 denied the allegations of the prosecution.
The accused, after companymitting the crime, fled away from the scene of occurrence.
Ayodhya Singh son of Lalloo Singh and Indra Pal Singh son of Prithvi Singh armed with DBBL guns and Ranvijay Singh son of Lalloo Singh along with one Jagat Singh son of Rajwa Singh armed with SBBL guns and Ram Bahadur Singh son of Lalloo Singh who was carrying lathi and torch were waiting for the arrival of his son Jai Karan Singh by the side of the pathway.
P.W. 1 and other persons accompanying him recognized all the accused in the torches light which they were carrying with them and also in the moonlit night.
At about 830 p.m., they took a turn from Link Road for the pathway going to the village and Jai Karan Singh was going a few paces ahead of them.
A perusal of the post mortem report would go to show that gun shot wounds of exhibit number.
It appears from the record that Ayodhya Singh and Ranvijay Singh have number questioned the judgment of the High Court holding them guilty of the charges.
Jai Karan Singh along with Shiv Nath Kewat, Dayalu W. 4 and many other persons got down from the train.
Two wadding were recovered from the left side chest cavity and three pea sized pellets were recovered from one in between 6th and 7th ribs on the left side and one pellet in between 3rd and 4th rib on the left side and near the lower part of sternum with the fracture of sternum.
Ayodhya Singh fired gunshot at Jai Karan Singh and immediately thereafter Ranvijay Singh, Jagat Pal Singh and Indra Pal Singh indiscriminately fired rounds at Jai Karan Singh with their respective guns.
He with the help of his companypanions present at the place of occurrence took the dead body of his son to his house.
There was about half litre blood in the right chest cavity.
Ka.5 from Dr. P.N. Singh P.W. 2 and on companypletion of the investigation, P.W. 7 submitted charge sheet against the accused persons.
The pericardium was punctured at 4 places, two in front and two behind.
The brain was pulpy and seen companying out of the wound.
At about 730 p.m., the train reached at Yamuna South Bank station.
Being aggrieved by the order of acquittal of the accused recorded by the trial judge, the State of U.P. filed an appeal before the High Court.
He took gunny bag of khalli from his son and started going to their house along with Shiv Nath, Laali, Dayalu P.W. 4 and others who also alighted from the same train.
Jai Karan Singh, on receiving fire arm injuries, fell down near the water channel and ridge of the field of one Brinda Singh towards east side of the path way.
The finding of the learned trial judge on this point was companytrary to the proper appreciation of the eye witnesses account companyroborated by the medical evidence and the High Court is right in rejecting the said finding of the trail companyrt.
The heart was empty and punctured at four places, companyresponding to that in the pericardium.
Left lower jaw was also found fractured.
By the impugned order, the High Court while setting aside the judgment of acquittal dated June 5, 1981 recorded by the Additional Sessions Judge, Hamirpur, in Sessions Trial No.
The learned trial judge disbelieved the evidence of the prosecution witnesses and found the accused number guilty of the charges levelled against them and accordingly, acquitted them.
90 of 2007 Indra Pal Singh appellant in Criminal Appeal No.1247 of 2006 and Ranvijay Singh each fired at his son with their respective guns and on receiving the fire arm injuries, Jai Karan Singh fell near the water channel of the field of Brinda Singh.
On internal examination of the dead body, Dr. P.N. Singh P.W. 2 observed that there was fracture of left temporal, parietal, frontal and left lower jaw and both upper jaw bones.
After receipt of the post mortem report Ex.
They pleaded that they have been framed in a false case due to enmity.
The bone of the skull was also found fractured.
1247 of 206 and Criminal Appeal No.
The witnesses present at the spot flashed torches at the faces of the accused and recognized them in torch light.
of sugar.
Jai Karan Singh was going few paces ahead of him and other company villagers.
Ka.10 from the scene of occurrence.
Lokeshwar Singh Panta, J. Both these appeals arising out of the companymon judgment and order dated 09.12.2005 passed by the Division Bench of the High Court of Judicature at Allahabad in Government Appeal No.
P.W. 1 lodged F.I.R. Ex.
There was fracture of the left 8th rib behind and right 7th rib in the front.
from village Patyora, alleging therein that in the year 1976 dacoity was companymitted at the house of his companyvillager Lalloo Singh, who doubted that the offence was companymitted at the instance of his son Ram Karan Singh and on that account Lalloo Singh had entertained grudge against him and his family members.
In the opinion of the doctor, the death of Jai Karan Singh was as a result of head injuries and cerebral laceration and shock and those injuries were sufficient in the ordinary companyrse of nature to cause his death.
Ayodhya Singh fired at Jai Karan Singh with DBBL gun followed by Jagat Singh, appellant in Criminal Appeal No.
The Division Bench of the High Court by its impugned judgment and order allowed the said appeal and companyvicted the accused persons under Section 302 read with Section 149 and Section 148 IPC and sentenced them in the manner numbericed above.
5 and 6 were companyresponding to gun shot wounds of entry number.
He alleged that on 23rd July, 1980 his son Jai Karan Singh had gone to the market at Sumerpur and in the evening P.W. 1 went to Yamuna South Bank railway station to receive his son, who was to bring some essential articles from the market.
Feeling aggrieved by and dissatisfied with the judgment and order of the High Court, Indra Pal Singh and Jagat Singh, the appellants herein, filed Criminal Appeal No.
The testimony of P.Ws.1 and 4 has been found to be satisfactory, companysistent and credible by the High Court.
The judgment of the High Court reveals that accused Ram Bahadur has died, therefore, the appeal against him stood abated by order dated 03 June, 2005.
Face was disfigured due to injuries and left eye destroyed companypletely and the right eye was companylapsed.
