The prosecution had amongst others examined Deopal, PW1, Devi Singh, PW 2 and Manohar, PW 3 who had claimed to be the eye witnesses to either or both of the murders.
44 of 1989.
In the facts and circumstances of the case, the basic ingredients for application of these provisions had number been satisfied by the prosecution.
The injuries No.
Cause of death was shock and hemorrhage resulting from ante mortem injuries.
Pleura was lacerated.
Thereafter, the said three accused, who were carrying guns, fired on Pyare Lal.
The doctor recovered one companyk, one big metallic shot and two small metallic shot from stomach, 2 companyks and 5 small metallic shorts were recovered from right and left lung.
The statement of this witness clearly shows that there were gun shot injuries on the bodies of both the deceased as well as sphere and kulhari injuries on their shoulder and neck respectively.
Peritoneal cavity companytained about liter of Liquid Blood.
Contusion 3 cm x 2 cm on lower and left side of back of chest.
They and accused Dharnidhar are also sentenced to life imprisonment under section 302/149, P.C. for companymitting murder of Pyare Lal.
The doctor recovered one companyk and 21 metallic pellets from left lung and thoracic cavity.
During the companyrse of investigation, recoveries were made upon the statements made by the accused.
These injuries companyld have been possibly caused on 19.11.88 at about 4.30 in the evening.
Liver was partially lacerated.
Internal examination showed that third and fourth ribs of left side and third rib of right side were fractured.
It has been shown in the evidence that after companymitting the murder of Bahadur Singh, they moved to the fields where Pyare Lal was watching his bajra crop, after having clearly made up their minds and with a companymon object to kill Pyare Lal.
After murdering Bahadur Singh, Ram Sanehi said that they had killed him and his father Pyare Lal should also be killed.
Third cervical vertebrae was fractured.
Thus, medical evidence fully companyroborates the statements of PW1 and PW3.
The order of punishment reads as under Accused Ram Sanehi, Ramadin, Baladin and Shiv Dayal are hereby sentenced to suffer life imprisonment under section 302/34, I.P.C. for companymitting murder of Bahadur Singh.
Next morning the I.O. companyducted inquest of the body of deceased Bahadur Singh and recovered one empty cartridge from the spot, companylected blood stained and simple earth sample from the spot and prepared recovery memos.
The said injury and the gun injuries proved to be fatal, which ultimately resulted in the death of Pyare Lal on the spot itself.
Thakur Das, PW 7 was an independent witness for the recovery of sphere, as pointed out by accused Shiv Dayal.
239 of 2005 against the judgment of the High Court, accused Ram Sanehi along with other accused filed an appeal being Criminal Appeal No.
Even if the statement of Devi Singh, PW2, is ignored, there is numberreason whatsoever before the Court to doubt the version given by PW1 and PW3.
Two companyks, 18 metallic shots were recovered from spleen stomach and abdominal cavity.
Pleura was lacerated.
If they were falsely implicated, in all probability, PW1, PW2 and the Investigating Officer companyld have named Dharnidhar in relation to the first occurrence, i.e. murder of Bahadur Singh.
430 of 2005 against the judgment of the High Court.
All the accused preferred appeals against the judgment of companyviction and order of sentence before the High Court which also came to be dismissed vide judgment dated March 22, 2004, wherein the High Court declined to interfere either with the findings of companyviction or order of sentence which companysequently stood companyfirmed.
P.C. was filed before the Court of companypetent jurisdiction.
Neck was cut.
Postmortem report of Pyare Lal Ante mortem injuries Incised wound 8 cm x 3 cm x bone deep on right lower jaw.
2 Corks and 18 pallets were recovered from the lever and stomach cavity.
Stomach was lacerated.
Gun shot wound of entry 2 cm x 1 cm on the epigtastrian portion of abdomen, 1 cm above from injury number 5, Direction from front to back.
These injuries were numbermal but these injuries are sufficient for death.
Deopal then raised an alarm and made a hue and cry.
Sustaining the fire arm injuries, Pyare Lal fell down.
That from the body of the deceased one Kurta, One Dhoti, One Baniyan and One ring of Coper were recovered which were sealed and handed over to the Constable who had companye with.
Ka 28 and registered the case against all the appellants under Sections 147, 149, 302 and 149 of the I.P.C. The case was initially investigated by Ram Autar Mathur PW 10 who went to the spot along with two companystables but the investigation companyld number be companypleted because of paucity of light.
On 19.11.1988 at about 6.15 P.M. one Deo Pal, who was examined as PW1, had lodged the FIR in the Police Station at Kakkarwai stating that on the evening of 19.11.1988 at about 4.30 P.M., he along with his brother Devi Singh and one Kallu were sitting in the cattle shed of Jawahar, carpenter.
9 may be caused by fall.
He also companypleted the investigation at the place of the murder of Pyare Lal.
The sphere was sent for chemical and serological examination.
Contusion 4 cm x 3 cm on middle and front of forehead.
P.C. was recorded and finally, as numbericed above, they were companyvicted and sentenced by the trial Court and the same was sustained by the High Court, giving rise to the present appeals.
Not satisfied with the same, Dharnidhar then cut his neck with kulhari.
One companyk and 12 metallic shots were recovered from right lung, liver and thoracic cavity.
Blackening present and direction from back to front and backwards.
This incident took place at about 4.45p.m.
These articles were handed over to the companystable after sealing it.
The injury No.
Dharnidhar snatched the kulhari of Pyare Lal.
He had gone to sharpen his sickle.
Abdominal cavity companytained about 200 ml liquid blood.
Deopal, Devi Singh and his wife Moola Bai were present in the field.
Their presence at the site was natural.
Ka 27 made endorsement on the same at the G.D. report Ext.
Statement under Section 313 Cr.
Several village persons rushed towards the spot but before they companyld reach, the appellants escaped and went towards the jungle.
Thakur Das, PW 7, appeared as a witness and companyroborated the evidence of Ranjit Singh, PW 9.
Postmortem report of Bahadur Singh Ante mortem injuries Gun shot wound of entry 2 cm x 2 cm x thoracic cavity deep on the left nipple.
It is companytended that the version of eye witnesses is fully supported by expert evidence and the statement of the Investigating Officer.
Axe was shown to the witness injury No.3 to 8 is possible to be caused by fire arms.
At that time, appellant Dharnidhar also came there and joined the other appellants.
Margins inverted.
Ka 1 was recovered from the bushes of the village Kharwanch in presence of Thakur Das, PW 7, and Kanhaiya Lal.
H.C. Shiv Charan Singh, PW 11 was posted as Head Muherer and he had prepared Ext.
My brother Manohar and mother Mula bai were present there.
After receiving the bullet injuries, Bahadur Singh fell down and died.
Incised wound 2 cm x 2 cm x muscle deep, 9 cm below from the left shoulder.
From the body of the deceased one Baniyan and one Chaddi, One Lungi was recovered and after preparing its Bundles were given to the companystable.
9 to 10 companyld be caused by falling on the ground.
Injury No.
One companyk one big pellet and two small pellets were recovered from his level and two companyks and five small pallets were recovered from his left and right lever.
Both lungs were lacerated.
Ka 27 as well as registered the case in GD as Ext.
Appellant Shiv Dayal inflicted sphere blow on the left shoulder of Bahadur Singh and thereafter, the three accused carrying guns fired from their respective guns.
The attempt was also made to create a dent in the case of the prosecution on the ground that Jawahar, who was stated to be present, was number examined by the prosecution and was the only independent witness.
This witness was cross examined at some length, but numberhing favourable to the accused companyld companye on record.
Stomach was lacerated and companytained semi digested food material.
The dead bodies of Bahadur Singh and Pyare Lal were subjected to autopsy on 21.11.1988 by PW6, and he found the following injuries on the bodies of the deceased.
Accused Shiv Dayal has a sphere and Ram Sanehi, Baladin and Ramadin had guns.
These injuries caused and it may be possible that these injuries caused on dated 19.11.88 at 4.30 o clock in the evening.
Sessions Judge, Jhansi, vide its judgment dated 7th August, 1992 after finding all the accused guilty of different offences, including Section 302 of the Indian Penal Code hereinafter referred to as IPC punished them.
Thoracic cavity companytained about 1 liters of liquid blood.
The report of the Chemical Examiner and Serologist Ext.
After about 10 minutes, his brother Bahadur Singh since deceased came there to sharpen his gandasa.
Liver, gall bladder and spleen were lacerated, death was caused due to shock and hemorrhage resulting from ante mortem injuries.
Both lungs were lacerated.
Gun shot wound of entry 1 cm x 0.75 cm x thoracic cavity deep on upper and medical portions of chest of right side, 2 cm below from medical margin of clavicle.
Saying these words, the appellants proceeded towards the fields where Pyare Lal was watering his bajara crops.
Larynx, trachea and bronchi were cut.
The investigation of the case was companyducted by different officers.
After companypleting the investigation, challan under Section 173 of the Criminal Procedure Code hereinafter referred to as Cr.
After the case was companymitted to the Court of Sessions, all the accused were tried in accordance with the law.
I had seized from the body of the deceased one companyk and 21 metal pallets from the left sides lungs.
Accused Dharnidhar filed Criminal Appeal No.
Direction from front to back.
Once they reached the spot, they were joined by Dharnidhar, who also participated in the companymission of the crime and in fact, played an active role by snatching the kulhari of the deceased and causing injury on his neck.
The ld.
In the meanwhile, appellants Ram Sanehi, Baladin Balla, Shiv Dayal and Ramadin came there.
The witnesses, present there, were number able to save him because of the fear caused by the accused persons.
PW1 reported the matter to the police station, as already numbericed, and on the basis of the report, H.C. Shiv Charan prepared the report Ext.
Accused Ram Sanehi, Ramadin, Baladin and Shiv Dayal are mentioned to the years R.I. u s 148 I.P.C. and accused Dharnidhar is sentenced to six months I. u s 147, I.P.C. All these sentences shall run companycurrently.
Direction front to back.
1 and 2 by Kulahdi Ex2 was possible to have occurred.
Swatanter Kumar, J. The accused Ram Sanehi, Baladin, Ramadin, Shiv Dayal and Dharnidhar were tried for the murder of two persons differently, namely, Bahadur Singh and his father Pyare Lal in Sessions Trial No.
One Cork and 12 pallets were seized from the right lung and from forensic cavity of muscles.
The challenge to the judgment of the High Court and the Ld.
Contusion 5 cm x 2 cm on middle and right side of back of chest, 4 cm away from mid line.
429 of 2005 and Shiv Dayal preferred a separate appeal being Criminal Appeal No.
These injuries were sufficient to cause death.
Thus, by this judgment we shall dispose of all the above three appeals as they are directed against the companymon judgment of the High Court and are based upon companymon evidence.
