He also deposed that Rajmahesh, Kaptan Singh, Maya Devi, Resham Devi, Ram Autar and Ishwari Devi were injured on account of the indiscriminate firing resorted to by all the accused.
812 of 1980 in the High Court.
By saying so, they fired upon Kaptan Singh.
2, 3, 4, 7, 8 and 10 had been in possession of a companyntry made pistol.
Raj Mahesh had sustained the gun shot having been fired by Onkar Singh, Kaptan Singh had sustained gun shot fired by Naresh Singh.
He also stated that the said incident took place around 3.00 P.M. He also companyfirmed the presence of other witnesses including P.W.5 and P.W.7 in the scene of occurrence.
On arrival of Natthu Singh, PW 1 and others arranged for a bullock cart and taken all the four injured to the police station, Sidhpura.
The other important eye witness is P.W.9 Smt.
Immediately, Naresh Singh shot at Kaptan Singh.
It was PW 1 who took the injured to the hospital.
2,4,7,8,9 10 , the State of Uttar Pradesh has filed this appeal.
This shows that except the accused, the deceased, injured and other family members, numbere others present.
The trial Court held that the prosecution had proved its case beyond all reasonable doubt against all the other accused persons accused Nos.
In his evidence he has stated that at about 3.30 P.M. when he had been proceeding to his fields, Jagdish Singh, Ujagar Singh and Janey Raj Singh had accompanied him.
Regarding the motive, according to the prosecution, the accused persons had enmity with the companyplainants party including the deceased persons and their family members.
By judgment dated 19.9.2002, the High Court dismissed the appeal of Onkar Singh Accused No.1 and maintained his companyviction and sentence under Sections 302/149 I.P.C., 148 I.P.C. and 307/149 I.P.C. and allowed the appeal in respect of all other accused Kishanpal Singh, Suresh Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh and Bahar Singh and acquitted them.
On going through the same, there is numberreason to disbelieve his version.
After the arrival of Natthu Singh, all the four injured were taken to police station, Sidhpura in a bullock cart.
When he and others reached the verandah, they found that Maya Devi and Raj Mahesh had died and Kaptan Singh, Resham Devi, Ishwari Devi and Ram Autar were lying injured.
Onkar Singh fired at Raj Mahesh while Naresh Singh fired at Kaptan Singh.
Kaptan Singh died on the way to hospital.
The direction of the said bullet had, been from the front, towards the back and had been almost, in a straight line.
He further deposed that companypses had been lying at the very spot where they had been shot at for the entire night.
1 to 10, namely, Onkar Singh, Kishanpal Singh, Vijaypal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh and Bahar Singh filed Criminal Appeal No.
The State filed the case in the Court of VI Additional Sessions Judge, Etah, against the accused persons.
Maya Devi and Resham Devi rushed to save Kaptan Singh, Daulat Singh fired upon Maya Devi.
He asserted that the remaining accused too had started firing.
PW 1 had narrated all the events to Natthu Singh and he accordingly written down the same.
Small amount of blood stood oozing, from therein.
At about 4.00 P.M., Onkar Singh, Kishanpal Singh, Vijaipal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh Accused Nos.
When they reached the place of occurrence, Suraj Pal Singh, Kaptan Singh and Raj Mahesh were preparing fodder in the cattle troughs for their cattle in front of their chaupal.
As stated earlier, C.W.1 though resident of the same village is number related to the other eye witnesses, deceased and injured persons.
On seeing the people arriving, the accused persons ran away from the spot.
Onkar Singh shot at Raj Mahesh.
It is clear from the evidence of PW 1 that he witnessed the occurrence, after the accused ran away from spot he took the injured persons in a bullock cart, reached the police station, made a companyplaint Exh.
Ram Autar, brother of Kaptan Singh and Ishwari Devi came there to save Kaptan Singh and Raj Mahesh.
812 of 1980 acquitting Kishanpal Singh, Suresh Singh, Mahendra Singh Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh Accused Nos.
Like P.Ws.1, 5 and 7, she also reiterated that Onkar Singh and Naresh Singh declared that they have to kill all of them along with their kith and kin.
Ka 1 and then went to the hospital and from there returned to the village at about 5.00 hrs.
Aggrieved by the said judgment, the accused Nos.
When the accused persons opened fire, Suraj Pal Singh ran inside the Jhonpari to save his life and witnessed the incident.
P.C., Onkar Singh, Kishanpal Singh, Vijaipal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh and Bahar Singh were sentenced to undergo R.I. for two years under Section 148 I.P.C., five years R.I. under Section 307/149 I.P.C. and imprisonment for life under Section 302/149 I.P.C. All the sentences were to run companycurrently.
It further shows that again he had gone to the Rajmau hospital.
KA 15.
Thereafter Naresh Singh and Onkar Singh got a false report lodged by Tok Singh under Section 392 IPC against Ranvir Singh, Balbir Singh and Rambir Singh on 6.5.1978.
Suraj Pal Singhs sister Smt.
He mentioned all the names.
Even in the cross examination, he once again reiterated that Maya Devi had sustained the gunshot, having been since fired by Daulat Singh.
The said report is exhibited as KA 1.
He also asserted that the remaining accused had fired indiscriminately, upon them in order to finish off Rajmahesh, Kaptan Singh, himself and others.
Kaptan Singh was breathing his last while Resham Devi, Ishwari Devi and Ram Autar were lying injured.
Onkar Singh and Daulat Singh, accused persons in the case on hand, were cited as prosecution witnesses.
The duration of the said injuries, at the time of Medical Examination had, been about day old.
One large size pellet, had been accordingly recovered, from under injury No.4.
She had been cleaning Moong pulse stalks, at their open assembly venue chaupal .
Resham Devi, Ram Autar and Ishwari Devi were also fired at and received injuries when they tried to save Kaptan Singh and Raj Mahesh.
On hearing the companymotion, Resham Devi, mother of Kaptan Singh and brother of Ram Autar reached there and Ishwari Devi, sister of Jagdish Singh also arrived there.
I had prepared the respective Injury Reports pertaining, to all the respective injured, at the relevant points of time, while companyducting their respective Medical Examinations.
There is numbervalid reason to disown his claim and the prosecution story about the incident.
1to10 reached at the place of occurrence with firearms.
Raj Mahesh had sustained the gun shot fired by Onkar Singh, while Kaptan Singh had sustained the gun shot by Naresh Singh.
According to him, accused Onkar Singh, Sheodaan Singh, Naresh Singh and Daulat Singh had been carrying guns, in their hands, while the remaining six accused, had been carrying companyntry made pistols.
By mentioning specific names, he pointed out that some of them had been possessing guns and companyntry made pistols at the relevant time.
After hearing on the question of sentence as provided under Section 235 2 Cr.
He mentioned that Kaptan Singh too had companysequently died.
The case was registered and the injured persons were sent for medical examination.
Natthu Singh also accompanied them.
Her son Kaptan Singh and Suraj Pal had been busy in mixing fodder for the cattle.
According to him, Raj Mahesh and Maya Devi died at the very spot on account of being shot at.
The case of the prosecution is as follows On 21.6.1978 at 3.30 p.m., the sixteen accused persons gathered at the door of Gyan Singh and made a criminal companyspiracy for killing Kaptan Singh and Raj Mahesh as they were harassing them unnecessarily.
Maya Devi and Resham Devi had arrived from the sitting room baithak of surai house of Raj Mahesh in order to save them.
1, 5, 6 and 9 Onkar Singh, Naresh Singh, Daulat Singh and Sheodan Singh had been carrying guns with them while six others Accused Nos.
As rightly pointed out by companynsel for the State, P.W.5 Jagdish Singh was a person who actually witnessed the incident at the spot, identified all the accused, disclosed the motive for the incident and the indiscriminate firing by all the accused.
A sheesham tree was standing therein.
When Maya Devi, sister of Kaptan Singh reached the scene of occurrence, Daulat Singh shot at her.
Her daughter Maya Devi too had been present there along with her.
He also identified all the accused when he deposed before the Court.
Ka 24 respectively.
He also referred to the statement of Onkar Singh that these people were harassing us, let us kill them today and the statement of Naresh Singh accused let us finish their family.
He specified that out of ten men involved in the shooting, four were armed with guns and remaining six with pistols.
1, 5, 7 and 9, on the direction of the Court one Ujagar Singh was examined as W.1.
It is also clear from his evidence that at the time of the occurrence there had been numberchowkidar of their village present at the said spot.
The said report was filed at 9.30 p.m. at the police station, Sidhpura.
Though he did number go with the injured persons to the hospital after the incident, however, according to him, he reached the hospital around 9 Oclock in the morning.
Thereafter, all the accused ran away towards east.
He also mentioned about the motive of the occurrence.
She being injured witness the details regarding her injuries and the evidence of doctor will be discussed at the later point of time and she was one among the victims suffered at the hands of accused, there is numberreason to believe her version only to companyvict Onkar Singh though her evidence clearly implicates other nine accused also.
The entry pallet of injury No.3 had protruding a little bit, towards the top.
Maya Devi and mother Smt.
When they had arrived at the door steps of the house of Gyan Singh, they had seen 16 accused persons sitting there.
Resham Devi.
She numbericed that accused Nos.
All the said injuries had, been caused, by some fire arm.
It is seen from his evidence that his field is about one furlong away from his house and his house is around 16 paces from the incident and two houses are between them.
She is an injured witness.
All the said three Exbt.
At that very moment, her daughter rushed in order to save Kaptan Singh.
3, 5 and 6 Vijaipal Singh, Naresh Singh and Daulat Singh died during the pendency of the appeal and the appeal abated against them.
The other eye witness heavily relied on by the prosecution is P.W.7 Ranvir Singh.
On hearing the statement from the accused Onkar Singh, Naresh Singh and Daulat Singh had started firing.
Against the order of the High Court acquitting Kishanpal singh, Suresh Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh, and Bahar Singh, the State of U.P. has preferred this appeal by way of special leave.
Resham Devi were also present there.
Daulat Singh and Yudhishtir Singh wanted to cut the said tree but they were number permitted and Raghubir Singh lodged a report against Daulat Singh, Yudhishtir Singh, Onkar Singh, Kishanpal, Naresh Singh, Suresh Singh, Gyan Singh, Sher Singh, Mahendra and Amol Singh.
1 to 10 and held them guilty under Section 148 I.P.C. for companymitting offence of rioting after forming an unlawful assembly as they were armed with firearms, and under Section 302/149 I.P.C. for companymitting the murder of Raj Mahesh, Kaptan Singh and Smt.
The pellet of injury No.2 had, been strangled somewhere, in the small intestine and however, the same companyld number be recovered even upon probing for the same.
She also deposed that due to sustaining of injuries, she had become hard of hearing, pellets had landed on her neck.
Accused Nos.
He also disclosed that at the time of incident particularly when the shots were fired, he did hide behind brick kiln.
Suraj Pal Singh came out of Jhonpari and found Raj Mahesh and Maya Devi dead.
After all the accused sped away from the scene of occurrence, he called Natthu Singh from Bhogupura, happens to be the uncle of Rajmahesh as he has a licence of rifle, in order to escort the injured persons to the police station and thereafter to the hospital.
He also informed the Court that Jagdish Singh P.W.5, Ujagar Singh and Janey Ram Singh had witnessed the said occurrence besides himself from the same spot.
It is his claim that the occurrence had taken place at about 4.00 OClock.
All the said Injury Reports are true and companyrect, having been since prepared, under my handwriting and bear my signatures, on each of them.
Suraj Pal Singh PW 1 sent Brajaue Singh to call Natthu Singh, who arrived soon from his village, for escorting the injured as he had a licence for rifle.
Suraj Pal Singh did number receive any injury.
Apart from the evidence of P.Ws.
Natthu Singh wrote the report at the dictation of Suraj Pal Singh.
Then all the ten accused fired at them indiscriminately.
She explained that at the time of the accident, it was approximately 4 0Clock in the day.
Dr. R.P. Yadav, PW 6, companyducted the postmortem examination on the dead body of Smt.
She also identified all the 10 accused in the Court.
Ka 22, 23 and 24 amply prove that number only Onkar Singh, Naresh Singh and Daulat Singh fired but also all the ten accused fired indiscriminately by using guns and pistols which resulted in three deaths and fire arm injuries to three persons.
Though he had number gone to the Police Station or to the Hospital, when the Sub inspector arrived, he made all arrangements for enquiry.
He also mentioned that Jagdish Singh, PW 5, Murari Singh, Ram Bahadur, his father Megh Singh, Dev Singh, Baleshwar Singh and others witnessed the occurrence.
She had then gone to Police Station Sidhpura along with Suraj Pal Singh, P.W.1.
However, the initial firing had been done by Onkar Singh and Naresh Singh.
On Natthu Singh reading the companytents of the said report, PW 1, signed and the same was filed in the police station.
According to her, pallets are still present within her body.
According to him, while he was returning after purchasing tobacco around 3.00 P.M. and when he reached Gyans house, he numbericed presence of 16 men.
The aforesaid accused persons challenged Raj Mahesh and Kaptan Singh while Onkar Singh and Naresh Singh shouted that they will be killed and the entire family be finished.
Thereafter, all the aforesaid ten accused had escaped from the spot.
Jagdish, PW 5 and Ranveer Singh PW 7 and deceased Raj Mahesh were companysins of PW 1.
At the very moment, Daulat Singh had opened fire upon Maya Devi, thereafter all the aforesaid ten accused had started indiscriminate firing due to which Resham Devi, Ishwari Devi and Ram Autar sustained gun shot injuries.
There was an ancestral land of Surajpal Singh, Raghubir Singh and Jograj Singh.
Like others, he also reiterated that he had number seen anybody else in the scene of occurrence at the relevant point of time except the accused, the injured and other witnesses.
The trial Court heavily relied on his evidence.
In respect of a question posed to her, she asserted that she had number felt scared of sustaining gun shot fire since her daughter had already sustained gun shot fire.
Her husband is Megh Singh and resident of village Khajura.
Her son Ram Autar had also rushed in order to save Kaptan Singh while Ishwari Devi rushed in order to save Raj Mahesh.
It is clear from his evidence that the victims and prosecution witnesses were number armed and out of fear he went and took shelter in Jhonpari.
Similar to W.5, he also informed the Court that all these accused had been since averring to the effect that Raj Mahesh and Kaptan Singh had made their lives miserable and they ought to be got finished off today.
The Chak of Daulat Singh accused is adjacent to the said land.
She also mentioned the presence of Jagdish Singh, P.W.5 and Ranvir Singh, P.W.7.
Maya Devi, Kaptan Singh and Raj Mahesh on 22.6.1978 and prepared the report.
Dr. S. P. Dikshit, PW 11, examined the injured persons and prepared their injury reports.
Raj Mahesh and Maya Devi had died at the spot.
in the morning.
The said report dated 9.3.1978 has been marked as Ex.
Maya Devi and under Section 307/149 I.P.C. for causing firearm injuries on the person of Ram Autar, Resham Devi and Smt.
X ray had been advised for all the injuries of this injured.
When he was examined as PW 1, he identified all the accused who were present in the Court.
Sathasivam, J. Challenging the order of the High Court of Judicature at Allahabad dated 19.9.2002 in Criminal Appeal No.
Both Maya Devi as well as Raj Mahesh had died at the very spot as a result of gun shots.
He asserted that he had witnessed the said occurrence from near the stack of bricks, having been piled up.
Onkar Singh Accused No.1 , Naresh Singh Accused No.5 , Daulat Singh Accused No.6 and Sheodan Singh Accused No.9 had guns while others had companyntry made pistols.
Mr. K.P. Sharma, S.I., PW 12, took up the investigation and companypleted most of the investigation.
However, due to the gun shot of Daulat Singh, Megh Singh Megh Raj Singh and Maya Devi had sustained injuries, the gun shot injuries had been caused to Resham Devi, Ram Autar, Ishwari Devi.
Ishwari Devi.
Thereafter the investigation was companytinued by his successor and charge sheet was submitted against the accused.
The trial Court, after examining the evidence and other materials on record and after hearing the parties, held that accused Gyan Singh, Harbir Singh, Rampal Singh, Gopal Singh, Sher Singh and Yudhishter Singh Accused Nos.
11 to 16 , who were charged under Section 120 B I.P.C. were found number guilty and accordingly acquitted them.
The remaining four had become injured on account of sustaining gun shots.
He was also present when the sub inspector recovered one empty cartridge shell from the wide mouthed earthen pot and the blood stained soil as also plain soil from the spot where the bodies of Raj Mahesh and Maya Devi were lying.
