Accused Raghubir armed with single barrel gun SBBL gun , accused Lal Singh armed with double barrel gun DBBL gun , accused Ganga Ram and accused Rajendra Singh armed with Tamancha companyntry made pistol emerged from behind the stones heaped at the road.
Thereupon Raghubir and Lal Singh made one fire each at Tula Ram with their respective weapons.
K.SEMA,J Four accused, A 1 Ganga Ram, A 2 Raghubir, A 3 Lal Singh and A 4 Rajendra Singh were put to trial before the Trial Court for the murder of deceased Tula Ram under Section 302/34 IPC.
The injuries of the deceased were ordinarily enough to cause death.
After getting medicines I reached bus stand to go home, at about 3 in the afternoon.
W.4 Dr. I.S. Tomar, companyducted the autopsy on the dead body and prepared the postmortem report Ex.
Liver was punctured from one to the other and 15 ounce of half digested food was there.
On 27.7.1978, the deceased Tula Ram had gone to depose in the said companyplaint case against the accused Rajendra Singh and Lal Singh.
Scratch 2 cm x .5 cm on the left side of chest below the companylar bone.
Internal examination.
In my opinion the death occurred due to shock and hemorrhage due to injuries.
There was numberblackening and burning around the wounds.
There was about 1 litre blood on each side in the chest.
5 Large bullets were extracted from the body of the deceased which were as under One from the right lung, two from the left lung, one from heart and one from abdominal cavity.
The time is also of 5.15 p.m. but numberoutsider or pedestrian or resident of the vicinity has been named in the FIR or in the statement of the witnesses but only P.W.2 Hemraj has been examined as an independent witness.
These bullets were sealed at the time of examination.
The direction of the wounds was from right to left and to backside.
When the informant and others raised an alarm, the accused persons ran away towards west.
We all four sat together in the bus to go home.
Admittedly, P.W.1 is the father of the deceased and therefore his evidence has to be weighed with caution.
It is alleged that the accused persons had threatened on several occasions number to appear as a witness but deceased Tula Ram was determined to give statement.
2 cm below the right nipple and were extarded upto the lower part of the central bone of the chest.
He further stated that the accused persons used to ask his son number to give evidence to which his son used to reply that he would give evidence and stated the evidence truthfully.
There I met my son Tula Ram, Sardar Singh and Khem Raj.
This report was prepared at the time of the examination of the dead body, which is written and signed by me is and is marked Ex.
The testimony of P.W.1 and P.W.2 as quoted above is well companyroborated by the medical evidence and the post mortem report companyducted by P.W.4 Dr.I.S. Tomar, in material particulars.
This ground, taken by the High Court, is far fetched and companytrary to the testimony of eyewitnesses.
Facts may be numbered briefly W.3 Rajendra Singh filed a companyplaint case against the accused persons Rajendra Singh and Lal Singh in the Court of Special Judicial Magistrate, Bareilly, in which the deceased Tula Ram was cited as one of the witnesses.
On 27.7.1978 at about 5.15 p.m. when the informant PW 1 Dhakan Lal father of the deceased , P.W.2 Hemraj, the deceased Tula Ram were companying back to their village from the bus adda, Meerganj, the informant and others stopped at the Meerganj Sindhauli road in the jungle of Kalyanpur to smoke bidi.
Tula Ram fell down on the road.
Liver left part was punctured through and through.
Ka 3 .
It may be numbered that A.1 Ganga Ram and A.2 Raghubir are real brothers and A.3 Lal Singh and A.4 Rajendra Singh are real brothers.
P.W.1 Dhakan Lal left behind P.W.2 Hemraj near the dead body and he got the FIR written by P.W.3 Rajendra Singh and lodged the FIR at police station, Meerganj.
One of the grounds, on which the High Court, recorded acquittal of the accused was that the occurrence is stated to have taken place on a pucca road on which bullock carts, buses and other vehicles also go.
The fourth, fifth and sixth step bone on the right side was fractured due to injury Both lungs and the membranes above them were punctured in the middle.
Accused Lal Singh told the deceased Tula Ram that he had been warned number to appear as a witness but he was adamant and therefore he should number be left and should be killed.
year ago my son Tula Ram had companye to Bareilly to give evidence in the said companyplaint case.
PW1 Dhakan Lal was examined on 23.8.1979 for the incident happened on 27.7.1978, he deposed as under About 1.
To bring home the guilt of the accused, the prosecution amongst others examined two eyewitnesses, P.W.1 Dhakan Lal and P.W.2 Hemraj.
On appeal, the High Court acquitted all of them.
The clothes of the above deceased, which were 4 in number, were also sealed at the same time and were sent to S.O.Meerganj.
His death companyld have been caused at about 5, 5.15 in the evening on 27.7.1978.
A case was registered under the aforesaid Sections of Law and after the companypletion of the trial the Trial Court recorded the companyviction as above.
The appeal against them already stands abated.
Hence, this appeal by special leave by the State of U.P. During the pendency of the appeal, A.2 Raghubir and A.3 Lal Singh expired.
The membrane above the heart was punctured through and through in the right side of heart.
There was about 600 cc blood in the perlineal cavity and it was punctured at one place on the upper side.
The deceased Tula Ram went about fifty sixty steps ahead of them.
He stated that in a companyplaint case filed by W. 3 against accused Lal Singh and Rajendra Singh, his deceased son Tula Ram was cited as a witness.
I had also later on companye to Bareilly on the said day to fetch medicine for my younger son Chotey Lal.
Each wound was 0.8 cm x 0.8 cm x chest deep in size and the edges of the wounds were parted and turned inverted.
This appeal, therefore, is survived qua A.1 Ganga Ram and A.4 Rajendra Singh.
He found the following antimortem injuries on the dead body of the deceased.
9 gunshot wounds on the right side of chest in an area of 14 cm x 8 cm.
