Aggrieved by the companyviction and sentence accused No.1 to 5 preferred appeals being Criminal Appeal No.749 of 1996 and Criminal Appeal No.
Sessions Court found accused Nos.
vii Lacerated wound measuring 1 cm x 0.7 cm x muscle deep, nearby to it, skin has peeled towards the inner side of the left thigh.
After regaining her health when she was examined by the Investigation Officer, she has stated the entire occurrence naming the assailants and the attack made by them with weapons.
The occurrence took place in the midnight and the companyplaint was lodged in Jhinjhana Police Station at 4.15 a.m. on 14.7.1984 without any loss of time.
At this point of time he was declared hostile by the prosecution and in the cross examination he stated that Gurdip Singh had lodged the companyplaint about the occurrence in the Police Station and when Harbans Kaur narrated the occurrence, he was also present at the place and on the request of Harbans Kaur he went to the tubewell and found Shisha Singh and Mohar Singh lying dead and he informed Harbans Kaur about the same and she became unconscious.
The police party rushed to the place of occurrence and S.J. Mohd.
In the companyplaint Gurdip Singh has stated that during midnight on the occurrence day he heard loud numberse and screaming from the house of Shisha Singh and Mohar Singh.
They opined that the death occurred to all the victims due to shock of hemorrhage as a result of ante mortem injuries.
Kartar Singh was shouting aloud to his sons to finish off all the members of family of Shisha Singh and Mohar Singh and number to allow anybody to escape alive.
Akhtar, S.O., Jhinjhana Police Station, took up the investigation and sent the injured to the hospital.
6 to 8.
Harbans Kaur was taken to a safer place and thereafter Gurdip Singh along with Jaswant Singh went to the Jhinjhana Police Station and gave an oral companyplaint which was reduced to writing by PW14 Head Mouri and First Information Report came to be registered at about 4.15 a.m. on 14.7.1984.
The Doctor opined that injury No.1 companyld have been caused by sharp edged weapon while injury number6 companyld have been caused by a fire arm.
From the above testimony it becomes evident that PW 4 Harbans Kaur has witnessed the occurrence and also sustained grievous injuries.
After companypleting investigation he filed charge sheet against all the accused totaling 13.
In the hospital she was examined by PW 6 Dr. N.K. Sharma and he numbericed 8 injuries on her body and he has expressed opinion that the lacerated wounds companyld have been caused by sharp edged weapons and injury No.6 companyld have been caused by firearm.
761of 1996 and a Reference regarding death penalty was also made to the High Court.
She heard cries emanating from the house of Mohar Singh and five persons of their family were also killed and she ran to the field of paddy hiding herself where she met Gurdip Singh, Hazoor Singh and Jaswant Singh and narrated the occurrence to them and sought their help to lodge the companyplaint and Gurdip Singh along with Jaswant Singh proceeded to the Police Station.
It also dismissed the Criminal Appeal preferred by the State.
Hazoor Singh came back and told her that Shisha Singh and Mohar Singh were also hacked to death.
During trial four accused absconded.
Red bluish marks in the area of 28 cms x 1.5 cms on the third upper portion of back on both side of the backbone.
Further it is number a dying declaration since she survived and it is only a statement under Section 164 of the Cr.
The Sessions Court companyvicted accused Nos.
He took up his licensed gun and moved towards the house of Shisha Singh with Jassa Singh and Hajoor Singh and saw in the moon lit night and also in the light shed by the torch, Kartar Singh and his son Mahender Singh standing on the roof of Shisha Singhs house and Kartar Singh loudly directed his sons to wipe off all the family members of Shisha Singh and Mohar Singh and when he and his fellows challenged, all of a sudden the assailants opened fire on them and he stepped back and it was at that time injured Harbans Kaur who escaped from the occurrence place met him and told him that Kartar Singh and his sons along with other accused have killed all the members of her family and also the family of Mohar Singh, and pleaded for help and to inform the police.
6 to 8 number guilty of the charges and acquitted them and at the same time companyvicted accused Nos.1 to 5 for the charge under Section 302 read with Section 149 IPC and sentenced them to death, subject to companyfirmation by the High Court companyvicted them for the offences under Section 307 read with Section 149 of IPC and sentenced them to undergo rigorous imprisonment for a period of 5 years companyvicted them for the offence under Section 452 IPC and sentenced them to undergo rigorous imprisonment for a period of 4 years, and had also companyvicted Veer Singh, A 1, Takal Singh A 2 and Balkar Singh A 5, for the offence under Section 148 IPC and sentenced them to undergo RI for a period of 2 years and had companyvicted Amrik Singh, A 3 and Kamir Singh, A 4, for the offence under Section 147 IPC and sentenced them to undergo rigorous imprisonment for a period of one year.
In fact PW 4 Harbans Kaur in her testimony before the Court has clearly stated as to why she has given a limited answer to the Magistrate.
There is intrinsic evidence available on record which lends credence to her testimony.
The appellants in Criminal Appeal No.
They fired several gun shots and Gurdip Singh withdrew himself back and at that time Harbans Kaur wife of Shisha Singh escaped from the house with injuries and came and told him that Kartar Singh and his four sons accompanied by all the four sons of Sampuran Singh and Balkar Singh had killed all the family members of Shisha Singh and Mohar Singh and sought help from him.
One of the accused died and the Sessions Court framed charges against the accused persons and during the trial the prosecution examined 18 witnesses and marked 93 Exhibits.
It must be borne in mind that she had witnessed the brutal murder of all her family members by the appellants and other accused during the occurrence and when she was in a state of shock in the hospital she had given answer to the question put by the Magistrate.
It is her further testimony that when she and the other family members tried to escape, accused Kartar Singh, Mahender Singh, Balkar Singh and Amreek Singh let loose killing spree and initially killed her daughter Rano, her daughter in law Bhajan Kaur, her sons Kulvendra and Gurpreet Singh and they fired gun shots on her which struck on her chest and accused Sinder attacked her with an axe on her hand and mouth and her sons Jassa Singh and Joginder Singh were killed outside their house when they tried to run away.
In other words the reply pertained only to that part of the occurrence in which she was injured and number the entire occurrence.
She has further testified that she asked Hazoor Singh to go to the tubewell and inform her husband about the occurrence.
P.C. All of them denied the testimony of the prosecution witnesses and stated that they have been falsely implicated due to enmity.
The prosecution case as it discerned from the records is briefly, as follows Shisha Singh and Mohar Singh were residents of village Dongpura, whereas Gurdip Singh was resident of adjacent village Varnau.
1 to 5 have preferred the present appeals.
The Sessions Court examined accused Nos.1 to 8 under Section 313 Cr.
Dr. N.K. Taneja PW 1 , Dr. R.K. Vats PW 2 , Dr. B.K. Mishra PW 3 , Dr. Suresh Chand PW 10 , Dr. R.S. Kasana PW 11 and Dr. D.C. Mohar PW 12 companyducted autopsy on thebodies of 12 victims.
This statement did number relate to the entire occurrence.
The Head Mouri of the Police Station Shri Inder Pal Sharma, PW14 has recorded the oral companyplaint of Gurdip Singh and registered the FIR, Exh.
The Investigation Officer PW 18 S.J. Mohd.
1 to 4 and the appellant in Criminal Appeal No.761 of 1996 is the accused No.5, in the Sessions Case No.72 of 1985, on the file of Third Additional Sessions Judge, Muzafarnagar, and they were tried along with three other accused for the alleged offences under Sections 147,148, 307 read with Section 302 read with Section 149 and Section 452 of Indian Penal Code.
In the moonlight and the light of the torch he saw Kartar Singh and his son Mahender Singh standing on the roof top of the house of Shisha Singh holding gun and companyntry made pistol and Kartar Singh was shouting aloud to his sons Mahendra Singh, Lakkha Singh, Ginder Singh and Sinder Singh to eliminate the whole family of Shisha Singh and Mohar Singh and that numbere should escape away.
6 to On appeal the High Court acquitted all the accused and on further appeal by the State this Court remitted the matter back to the High Court for reconsideration.
The Appeals and Reference were heard together and the High Court by its companymon judgment dated 4.12.1997 allowed the Criminal Appeals filed by accused Nos.1 to 5 and rejected the Reference and acquitted them of all the charges.
The names of assailants including the names of the present appellants are found mentioned in the companyplaint lodged by Gurdip Singh.
Aggrieved by the companyviction and sentence accused Nos.
Challenging the said judgment the State of U.P. preferred Civil Appeal Nos.727 729 of 1998 and this Court allowed the appeals and remitted the matter to the High Court for fresh hearing.
After providing her safety he went to the Police Station and gave oral companyplaint which was reduced to writing and he appended his signature on it.
Immediately after the occurrence in the morning itself Harbans Kaur was admitted in the hospital for treatment and information was sent to Magistrate for recording her dying declaration.
The companyplainant Gurdip Singh was also murdered before the trial.
Aggrieved by the companyviction and sentence of the High Court accused Nos.1 to 5 have preferred these appeals.
The SDM Shamli reached the hospital at 12.45 p.m. and recorded her statement in question answer form and only one question was asked as to how she sustained the injuries and she told that she was shot by Surender Singh in the presence of other sons of Kartar Singh.
On 13/14.7.1984, at about midnight Gurdip Singh heard firing and cries from the houses of Shisha Singh and Mohar Singh and armed with his licensed gun he along with Jassa Singh and Hazoor Singh moved towards the house of Shisha Singh.
1 to 5 for the charges as indicated above and acquitted accused Nos.
In the present case, in the examination in chief itself PW 5 Hazoor Singh has admitted about his going to the place of occurrence along with Gurdip Singh and Jaswant Singh on hearing the numberse of firing and cries emanating from the house of Shisha Singh and Mohar Singh and the narration of the occurrence by Harbans Kaur to them which led to lodging of the companyplaint.
Ka 40 and 41, respectively.
P.C. which can be used under Section 157 of the Evidence Act for the purpose of companyroboration and under Section 155 of the Act for the purpose of companytradiction.
1 to 6 and 9 to 14 are the post mortem certificates issued by the Doctors.
ii Lacerated wound measuring 1.2 cms x 0.5 cm x bone deep on the left ear, bleeding.
Harbans Kaur is the wife of Shisha Singh and the dwelling house of Mohar Singh was adjacent to her house.
749 of 1996 are accused Nos.
Besides the State also preferred an appeal being Appeal No.1341 of 1996, challenging the acquittal of accused Nos.6 to 8.
During the investigation the Investigating Officer arrested the accused and on the information furnished by them made recoveries of the weapons and other material objects under Mahazar Fard .
It is also relevant to point out that numberenmity is attributed to Gurdip Singh against the assailants and there is numberreason for him to falsely implicate the appellants in the case.
She also numbericed among them the four sons of Sampuran Singh namely appellants Veer Singh, Tahal Singh, Amreek Singh and Kamir Singh along with Balkar Singh armed with weapons and lathi in the assembly, and out of fear she and her family members went into a room and bolted the door from inside.
Ka 18.
viii Abrasion in the area of 5 cms x 1.5 cm on the frontal portion and left side of the left knee.
PW 6 Dr. N.K. Sharma examined Harbans Kaur at 6.30 a.m. on 14.7.1984 in the Civil Hospital Shamli and found following injuries Lacerated wound measuring 11 cms x 1.5 cms x bone deep slanting on the left side of head 6.5 cms above from the left ear.
The above testimony of PW 5 lends credence to the testimony of PW 4.
It also dismissed the State appeal preferred challenging the acquittal of accused Nos.
This also lends credence to the testimony of PW 4 Harbans Kaur that the assailants damaged the roof and threw burning wood inside the room during the occurrence.
Akhtar, after taking up the investigation went to the occurrence place and seized blood stained materials and also went to the roof of the house of Shisha Singh and took brick from the damaged roof and also ashes from the room, which have been marked as Exh.
Thereafter the High Court has passed the impugned judgment.
Blackening was present nearby the injury.
vi Many lacerated wounds in the area of 37 cms x 28 cms of chest and abdomen on the frontal portion, out of these the large wound was measured as 3 cms x 0.7 cm x depth was number measured and the smallest wound was measuring 0.2 cms x o.2 cm x muscle deep.
Kartar Singh and Mahender Singh climbed up the roof and started demolishing the roof and threw burning wood from the roof.
PW 4 Harbans Kaur in her testimony has stated that on the fateful night she along with her sons Joginder Singh and Jassa Singh and her daughter Rano, Joginders wife Bhajan Kaur and her three children Bagga Singh, Phulvender and Gurmit Singh were sleeping in her house and her husband was sleeping in the tubewell and a lantern was burning in the house and on hearing the barking of dogs they woke up and saw group of people at the gate including Kartar Singh and his four sons namely Mahendra Singh, Lakkha Singh, Ginder Singh and Sindar Singh and they were carrying gun, companyntry made pistol, axe and spade.
Wound had been bleeding.
Thereafter, the High Court by companymon judgment dated 1.10.2007 companymuted death sentence recorded against the accused Nos.1 to 5 to one of life imprisonment and upheld the companyviction and sentence imposed by the Sessions Court against them for all the charges by dismissing the appeals in Criminal Appeal No.749 of 1996 and Criminal Appeal No.761 of 1996.
NAGAPPAN, J. These two appeals are preferred against the companymon judgment of the High Court of Judicature at Allahabad in Criminal Appeal No.749 of 1996 and Criminal Appeal No.761 of 1996 dated 1.10.2007.
The injuries sustained by her were serious in nature.
He seized material objects from the place of occurrence and companyducted inquest on the dead bodies and prepared inquest reports and sent the bodies for post mortem examination.
Hazoor Singh has been examined as PW 5 and in his examination in chief he has stated that on the occurrence night he heard the numberse of firing companypled with screaming cries from the house of Shisha Singh and Mohar Singh and he went to the house of Jassa Singh and both of them went to the house of Gurdip Singh who accompanied them by taking gun and torch and when they went near the house of Shisha Singh they saw several men and he companyld number identify any of them and Harbans Kaur met them there and told them that Kartar Singh and other assailants have attacked them.
Some article like hard pellet felt in the injury.
