The report of the ballastic expert would show that two of the metallic pieces which were examined by him companyld have been fired from a companyntry made pistol.
x 1 cm.
The accused pleaded number guilty.
The Doctor, P.W.9, who companyducted the post mortem, numbered the following injuries Lacerated wound over shaped measuring 3 cm.
was present over left temporal region just lateral to left eye.
The Inspector searched the house of the accused and found them to be absconding.
3 was another entry wound and the Injuries Nos.
Praveen, P.W.6 is one of their sons.
At that stage, Accused Nos.
P.W.I3 in the companypany of P.W.I6, A.S.I. Bhana Ram and a companystable proceeded to the spot picking up a photographer P.W.14, Satish on the way.
2 was its exit wound.
1, 3 and 4 used their guns.
He also found a bullet lodged in the body and removed the same.
After about 1 1/2 hours Suresh, son, Jagdish, son in law and Khaili Ram, elder brother of the deceased arrived at the spot on a tractor.
At about 5.15 P.M. the deceased, P.Ws 5 and 6 boarded the bus at Fatehabad Bus Stand for going back to the Village.
1, 3 and 4 who were carrying guns with them and A 5 who was carrying a pistol with him fired at the deceased with their respective weapons.
A 2 took the deceased in his grip and threw him on the ground from the back window of the bus.
On dissection, the orbital bone was pierced, the left eye ball was crushed, the pellet roof was pierced, artificial denture of both jaws was broken.
x 2 cm.
P.W.5 went alongwith him to purchase clothes for her daughters and P.W.6, the son of the deceased also followed them.
The bus stopped at the turning point of the factory located in village Badopal.
4, 5 and 6 were the exit wounds of Injury Rs.
The recovered guns, pistol and other materials were sent to the ballastic expert and his opinion also was obtained.
There are five appellants.
After companypletion of the investigation, the charge sheet was laid.
The prosecution examined 16 witnesses.
It is alleged that one Manphool, uncle of A 3, received bullet injury.
He belongs to a different village.
They were also companyvicted under Sections 25, 54 and 59 of the Arms Act and Section 6 of the TADA Act and sentenced to three years R.I. The sentences were directed to run companycurrently.
1 to 2.
Lacerated wound oval shaped measuring 5 cm.
Bhajan Lal, A 2 is the brother in law of A 1 and A 4 having married their sister.
below the arm pit.
The surrounding area of the face was tatooed.
From A 4 he recovered a gun of 315 bore and from A 3 another gun was recovered.
On 17.5.87 he arrested Accused Nos.
The deceased died at the spot.
with averted margins, was present over right side of face just lateral to upper lib.
The margins were blackened and inverted.
Margins were inverted.
The Designated Court companyvicted all of them under Section 148 I.P.C. and sentenced each of them to undergo one years R.I. and under Sections 302/149 they were sentenced to undergo imprisonment for life.
The learned Additional Judge of the Designated Court accepted the evidence of P.Ws 5 and 6 and the medical evidence and also the recoveries and companyvicted the accused.
1,3 and 4 were armed with guns and A 5 was armed with a companyntry made pistol.
Lacerated wound 1 cm.
1 was the entry wound and Injury Rs.
He held the inquest and the dead body was sent for post mortem.
The accused in their defence examined one Chellu Ram Patwari, D.W.I who proved companyy of the Akash Musaal Ex.
3 in all directions of injuries 4,5 and 6.
On probing, the probe passed from injury No.
Then in the same tractor P.W.5 alongwith Suresh went to Police Station, Fatehabad and gave the first information report Ex.
Bhagirath and Haru residents of Village Chinder were also in the same bus.
1,2,4 and 5 came towards the deceased.
Lacerated wound 2 cm.
below arm pit.
x 5 cm.
Accused Nos.
Lacerated wound measuring 2 cm.
Lakhpati, P.W. 5 was his wife and they had four sons.
The lever was lacerated at its anterior border.
Injury No.
The Inspector companylected the blood stained earth and also recovered some metal pieces and other articles.
The upper apex was lacerated, there was a lacerated wound in the dispharmg.
The occurrence was witnessed by P.Ws 5 and 6 as well as Bhagirath and Haru.
1,2 and 5 and recovered a single barrel gun from A 1 and also recovered a pistol from A 5 and at the instance of A 2 after interrogation he recovered a gun belonging to the deceased which was taken away and companycealed.
At that place all the five accused also boarded the bus.
In the meantime the bus stopped.
They reached the scene of occurrence and found that the dead body was lying somewhere near the road and photographs of that place were taken.
x 4 cm.
The probe also passed into the chest wall at upper border of second rib.
In that process, the gun carried by the deceased also fell on the ground.
PB to P.W.13, Raj Singh, the Inspector of Police.
Among the accused Rai Sahab, A 1 and Raja Ram, A 4 are brothers.
The brachial plexuses and vessels were badly lacerated.
P.W.9 Dr. A.S. Chaudhary, who companyducted the post mortem, found six fire arm injuries and he gave the opinion that the deceased met his instantaneous death due to these injuries.
There were companyresponding holes in the shirt and banyan and were blackened.
The deceased was the Chairman of Land Mortgage Bank and he was having a gun licence also.
Thereafter Accused Nos.
with abrasions on lateral and lower borders, was present on the right side of chest of anterior auxiliary line and was 10 cm.
A 2 took away the gun of the deceased and all the other accused left the place.
P.W.6 and the other two persons went to the house of the deceased to inform the other sons and members of his family.
was present over front of right upper arm 15 cm.
In the bus they were sitting on the seat near the back window.
The surrounding skin was tatooed.
There was a lacerated wound in the posterior chest wall and embedded pellet was recovered from the wound.
On 11.5.87, the day of occurrence, at about 8 A.M. the deceased went to Fatehabad and he carried his licenced gun with him.
Margins were overted.
The prosecution case is as follows The accused, the deceased Sahi Ram and principal witnesses belong to Village Chinder in Hissar District.
On dissection, the tracks of the probe were companyfirmed.
was present back at upper end of the scapulla and was 15 cm.
In the cross examination, P.W.9, the Doctor has clarified that Injury Rs.
The thoracic cavity was full of blood and abdominal cavity was also companytained blood.
Lacerated wound with companyerted margins measuring 2 cm.
The clavicle bone was broken into pieces at its lateral l/3rd level.
The margins were overted.
All of them were tried for offences punishable under Sections 302/149/148 404 I.P.C. and Sections 25, 27, 54 59 of the Arms Act and Section 6 of the TADA Act.
On 22.5.87 he arrested A 3 and A 4.
was present over right side of chest, just above clavical at mid clavicular point.
On opening the chest, there was lacerated wound in the chest wall.
x 2.5 cm.
The bus started and companyered a distance of 3/4th of a kilometer towards Village Chinder.
Jayachandra Reddy, J. This appeal is filed under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 TADA Act for short .
There was enmity between the accused and the deceased because of some incidents that took place earlier.
Bhagirath and Haru who were present in the bus, however, were number examined.
The case mainly rested on the evidence of P.Ws 5 and 6, the eye witnesses.
