on the mid forehead with charring and tattooing around it.
Several appeals were subsequently filed before the High Court.
5589/2004 Rajeshwar Upadhyay Prem Singh Prem Bahadur Singh i DO ii DO Appeal Dismissed.
The prosecution also relied on the medical evidence and the various reports tendered of PW 6 Dr. A.K. Pandey and PW 7 Dr. L.S. Misra with regard to the injuries on Prem Shankar Dubey and Rakesh Kumar Pandey respectively.
On the companypletion of the investigation the accused were charged for offences punishable under Sections 147, 148, 302 read with 149 I.P.C whereas appellant Suresh Singh Jajjey Singh was in addition charged under Section 379 IPC for having taking away Prem Shankar Dubeys rifle from the car whereas Tehsildar Singh and Suresh Singh were further charged under Section 411 I.P.C. The accused pleaded number guilty and sought trial.
The firing led to the death of Surya Narain Vakil Shukla, Devi Shanker Dubey and Shesh Mani at the spot.
Margins of wound inverted with blackening and tattooing all around it with their wound of exit as follows 1 1.5 x 1.5 Cm.
Dr. A.K. Pandey also medically examined Prem Shanker Dubey at 5.25 p.m on 4.4.1999 and found two lacerated simple injuries on his person whereas the examination of Rakesh Kumar Pandey at 8.15 p.m. on 4.4.1999 by Dr. L.S. Mishra showed five simple injuries three abrasions and two companytusions.
As the car reached near the Trimuhani on the middle of the road in Gopiganj, accused Udai Bhan Singh, Akbal Bahadur Atkoti Singh, Prem Singh, Dhunni Singh, Munni Singh, Daroga Singh, Rajeshwar Upadhyay, Pintoo Singh and two other persons all armed with modern weapons starting firing at the car.
834 of 2005, 835 of 2005 and 910 912 of 2005 have been filed by the accused who stand companyvicted both by the trial Court as well as by the High Court.
Side clavicle fractured with same wound of exit.
below and posterior to the right ear.
752 755 of 2005 pertaining to the acquittal of four of the accused whereas Criminal Appeal Nos.
On an inspection of the site, several pieces of glass, a blood stained piece of rexine, and shoes and some fired cartridges, a rifle and a 9 mm pistol licensed to deceased Surya Narain Shukla were recovered.
2826/2004 Udai Bhan Singh Doctor Singh DO Appeal Dismissed 5.
The post mortem examination on the dead body of Devi Shanker Dubey was companyducted by Dr. Radhey Raman on 4.4.1999 at about 11.55 p.m. whereas Dr. Sanjay Tewari companyducted the post mortem examinations on the dead bodies of Shesh Mani at 11.30 p.m and that on Surya Narain Shukla 45 minutes later i.e. at 0030 hours.
below the left ear.
below and lateral to the left nipple 3 1x1 Cm.
Shoulder, margins of wound inverted, with its wound of exit 2.5x2.00 Cm.
The very dimension of these injuries show the presence of a rat hole type of entry with a larger wound of exit on the other side.
below the right nipple.
Rakesh Kumar Pandey and Prem Shanker who were sitting on the rear seat rushed out of the car to save themselves and they too received some superficial injuries in that process.
The occurrence was also witnessed by Shiv Prasad Dangar Tewari, Mukand Lal, Ram Dutt Mishra and several other persons.
Appeal Dismissed 4.
Margins of the wound were inverted with charring and tattooing of skin all around with its wound of exit of size 6x5 Cm.
on the mid forehead with charring and tattooing around it.
Wound of firearm entry 6 in number each measuring 0.8x0.8 Cm.
The assailants also picked up the licensed rifle of Prem Shanker Dubey which was lying in the car and thereafter ran away from the spot.
The facts have been taken from the record of Criminal Appeal No.
on the lateral aspect of left arm.
5x4 Cm.
Margin of the wound averted.
Dr. Radhey Raman PW 3 recorded the following injuries on the dead body of Devi Shankar Dubey Firearm wound of entry with charring and tattooing of size 2x1 Cm.
on the right side eye margin of the wound inverted with charring and tattooing of skin all around, with its wound of exit 6x6 Cm.
Appeal No.
on the right side chest 6 Cm.
Margins of wound inverted with charring and tattooing of skin all around with its wound of exit 1.5x1.5 Cm.
on the left side face over and lateral to the left eye with averted margins Wound of entrance 5.5x4 Cm.
2503/2004 Pintoo Singh Sandeep Singh Akbla Bahadur Atkoti Singh i DO ii DO Appeal Allowed Acquitted of the charges.
Appeal Allowed Acquitted of the charges 3.
Side of chest on its lateral side 5.00 Cm.
on the right side chest 4.5 Cm.
above and medial to the right nipple 5 1x1 Cm.
on the left side chest 8 Cm.
below the right nipple and 6 1x1 Cm.
on the posterior lateral aspect of the left arm.
Fontal bone number injured.
3 substantially companyresponds with the injuries found on the dead body of Vakil Shukla and reveals that this injury had number been caused with the weapon which caused the other two injuries.
Margins of wound averted.
on the right side chest 8 Cm.
Firearm wound of entry 0.8x0.8 Cm on the lateral surface of right mid thigh with inverted margins and tattooing all around it with its wound of exit on the medial surface of thigh at the same level with averted margins 1x1 Cm.
Firearm wound of entry with charring and tattooing of six 1x1 Cm.
The prosecution also examined the police officials involved in the investigation viz.,
Name of Appellant Sessions Court Order High Court Order 1.
on the top and back of the left shoulder.
4 1x1 Cm.
Side of the chest just below the middle part of Lt.
lateral to the right nipple.
The doctors opined that these injuries companyld have been caused as the two were making a hurried exit from the car.
With Crl.
below the apex 2 3 x 3 Cm.
on rt.
on the left side chest below the left axilla 5 Cm.
Rakesh Kumar Pandey, the first informant and the primary witness to the murders, was himself murdered during the companyrse of the trial.
A FIR was thereafter lodged by Rakesh Kumar Pandey at 3.45 p.m. in Police Station Gopiganj a kilometer away from the place of incident, on which S.I. Vidya Prakash Misra reached the place of occurrence and recorded the statement of Rakesh Kumar Pandey whereas SI Rashid Ahmad prepared the inquest reports of the deceased on the dictation of SI Vidya Prakash Misra.
3072/2004 Chunni Singh DO Appeal Allowed Acquitted of the charges.
835 of 2005.
They are as under On 4.4.1999 Rakesh Kumar Pandey along with his brother in law Surya Narain Vakil Shukla along with three others, Devi Shankar Dubey, Prem Shanker Dubey and the car driver Shesh Mani were returning from Aurai to Gopiganj in the latters car No.
Clavicle.
on the right side chest 6.5 Cm.
Shesh Mani Rai 1.
on the right side neck 1 cm.
Supra clavicle region 4 Cm.
The bodies were also sent for the post mortem examinations.
Injury No.
Abrasion 1x 0.5 Cm.
The prosecution story was then put to the accused and they denied their involvement in the incident and pleaded false implication.
Wound of entrance 1x1 Cm.
PW 10 S.I. Irshad Ali who had recorded the inquest reports on the dictation of PW 13 Vidya Prakash Misra SHO and also dispatched the dead bodies for their post mortem examinations, PW 11 Constable Prabhu Nath Yadav who deposed that the dead bodies had been handed over to Constable Manoj Rai and Devi Shanker Pandey for being taken for the post mortems, PW 13 Vidya Prakash Misra who had made the various recoveries already mentioned above and had also inspected the place of incident and the car and had found about 40 bullet marks thereon, and also several other police officials who had been involved in the peripheral investigation or had arrested some of the accused.
2863/2004 Santosh Kumar Singh and Sanjai Singh DO Appeal Dismissed 6.
The present set of criminal appeals have been filed against the judgment of the High Court.
medial to top of rt.
The High Court on a reconsideration of the matter allowed the appeals of Pinto Singh Sandeep Singh, Daroga Singh Krishan Singh, Chunni Singh Mata Prasad Singh and Prem Bahadur Singh holding that their names had been revealed by Dangar Tewari PW 1 for the first time in Court and it was therefore unsafe to maintain their on the basis of the statement of PW 5 Ram Dutt Misra alone.
The High Court accordingly directed as under No.
A. No.834/2005, 835/2005, 910 912/2005 HARJIT SINGH BEDI, J This judgment will dispose of Criminal Appeal Nos.
The prosecution also relied on the evidence of PW 4 Prem Shankar Dubey, another eye witness but he did number support the prosecution and was declared hostile having partly disowned the story given by him in his earlier statements.
