Dr Lohraiya, PW 3, also performed an autopsy on the dead body of Puran Chand and found several incised wounds on his person besides companytusions and a punctured wound.
They took the plea that they were falsely implicated on account of enmity and party faction in their respective villages.
They rushed towards the house of the victims but on hearing the gunshots Tulsi, PW 8 took shelter against the wall of a house and saw the nine dacoits companying out from the gali towards the house of Puran, one of whom was carrying a gun and bandolier around his waist.
When the three appellants along with six other company accused raided the house of Puran Chand in order to companymit dacoity, they pushed the door of the room in which Puran Chand and his son Gian Chand were sleeping.
He went to the upper storey and found Ganga Devi lying dead in the room in upper Storey of the house.
PA was moved by the Sub Inspector Sis Ram, PW 38 to the Sub Divisional Magistrate on 17 3 1976 for his identification while the appellant Suraj Pal was already in judicial lock up.
They were further companyvicted under Section 412 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for two years.
The three appellants herein as well as Radha Raman and Krishanbir preferred an appeal which was dismissed by the High Court of Punjab and Haryana, by judgment dated 5 5 1982 being Criminal Appeal No.
Puran Chand and Gian Chand both raised an alarm which was heard by Tulsi, PW 8 and Sulekhan, PW 23.
This application was also marked to the Executive Magistrate, Shri M.S. Rao, PW 1 who fixed the holding of identification parade at 5.00 p.m. same day in the Palwal Sub Jail but Shri Rao for some reason companyld number hold the parade.
Gian Chand, PW 22 deposed that at the time of occurrence the electric light of the companyrtyard as well as that of the verandah of the house and the street light were on.
Another companytused wound on the left side of the head.
P 18, Ext.
PA 3 declining to get himself identified on the ground that he had been shown to the witnesses.
Ganga Devi then opened the door of the window which opens into the companypound of the house and as soon as she opened the door of the window, one of the dacoits who was standing at the main gate on the ground floor fired the gun at her which hit Ganga Devi on her forehead and she fell down dead on the spot.
In the meanwhile Usha Rani, PW 21, and her mother deceased Ganga Devi also woke up and switched on the light of the room and tried to open the door of the room in which they were sleeping but found it to be bolted from outside.
After the arrest of the appellant Nathi, on interrogation by Sub Inspector Khan Chand, PW 36 on 3 6 1976 he made a disclosure statement Ext.
The appellants made a statement before the Executive Magistrate, Shri M.S. Rao, PW 1 and Sub Divisional Magistrate, Shri I.D. Kaushik, PW 11 that since they were shown to the witnesses they are number prepared to participate in the identification parade.
P 19, Ext.
He deposed that at the time of occurrence the electric light on the street was on and he saw the nine miscreants companying from the street leading to the house of deceased Puran Chand and one of the miscreants was carrying gun and bandolier.
It is thus clear that there was sufficient electric light in order to enable the witnesses to have a full view of the miscreants including the three appellants.
P 88 in the presence of witnesses Gian Chand, PW 22 and Suleman, PW 29 to the fact that he had pawned for Rs 200 a saree, two katories, two tumblers and one pant with one Hira Lal, PW 30.
An application Ext.
470 DB/81 against which these three appeals have been preferred by the appellants Suraj Pal, Nathi and Puran.
After the arrest of the appellants and other accused persons the prosecution wanted to hold an identification parade in order to afford an opportunity to the appellants and other accused persons to take part in the test parade in which the witnesses Usha Rani, PW 21, Gian Chand, PW 22 and Tulsi Ram, PW 8, had to identify them but the appellants and other accused persons declined to offer themselves for test identification on the ground that they were shown to the witnesses.
1 of 1979 Sessions Trial No.
Sulekhan again went to the house of Puran and found Puran lying dead on the ground and Gian Chand in a serious companydition.
In these circumstance Sulekhan, PW 23, who lodged the FIR, companyld number have given the details and description of the features of the dacoits.
Not only this but Tulsi Ram, PW 8 who resided near the house of Puran had rushed towards the house of Puran on hearing the raula but kept away and witnessed the incident by hiding himself against a wall near the house due to fear of his life and limb as gunshots were being fired has also testified the presence of enough light.
PHH about the incident at 3.15 a.m. on 6.1.1976 on the basis of which an offence under Sections 395/396/397/460 of the Penal Code was registered.
The appellants Nathi and Puran along with some other companyaccused were also lodged in Palwal Sub Jail by the Mathura Police.
Dr Ashok Kumar Jain, PW 4 examined the injured Gian Chand, PW 22, on 6 1 1976 at 8.00 a.m. and found the following injuries on his person 1 .
This application was marked to the Executive Magistrate on 17 3 1976 itself and the Executive Magistrate fixed 23 3 1976 as the date for identification of the appellant Suraj Pal.
P 16, Ext.
The prosecution case was that on the night of the occurrence the deceased Puran Chand along with his injured son Gian Chand, PW 22 were sleeping in the Baithak room on the ground floor of their house while deceased Ganga Devi, wife of Puran Chand and her daughter Usha Rani, PW 21, were sleeping in a room on the upper storey of the said house which is OD the outer side and towards main gate of the companypound of the house.
On 24 5 1976 an application Ext.
A companytused mark around the eye with swelling.
Sulekhan went to Police Station, Nuh, on the same night, where he lodged the first information report Ext.
The companyaccused Pyare was acquitted for the offences under Sections 395/396/397 of the Penal Code but he was companyvicted under Section 412 and as he was found to be a tuberculosis patient he was sentenced to undergo rigorous imprisonment for one year only.
On analysing the evidence of the witnesses examined by the prosecution the trial companyrt companyvicted and sentenced the appellants and others as said above in the earlier part of this judgment.
After a close scrutiny and on analysing the evidence the two companyrts below have also companysidered this companytention and rejected the same by holding that there was sufficient electric light in the house of deceased Puran as well as on the street which enabled the witnesses to see and identify the miscreants including the appellants.
A companytused wound over the right side of the head.
Another daughter Gita and wife of Gian Chand were also sleeping in another room in the upper storey.
But the trial companyrt as well as the High Court found that there is some discrepancy in the evidence with regard to the two articles and therefore, both the companyrts below did number feel it safe to rely on this part of the evidence with regard to these two items.
The said articles were seized as per seizure memo Ext.
7 of 1981 .
PG 3 and PF 3 of deceased Puran Chand and Ganga Devi respectively.
The injuries were ante mortem in nature.
This finding is home out from the evidence of Usha Rani, PW 21, and her brother Gian Chand, PW 22, who were the inmates of the house and Gian Chand was severely thrashed by the dacoits.
P 20 and Ext.
A perusal of the evidence of Usha Rani, PW 21, goes to show that on hearing the alarm of the incident she and her mother deceased Ganga Devi both woke up and her mother switched on the light of the room in which they were sleeping and opened the window of the room overlooking the companypound and the street outside.
Sulekhan, PW 23, however, reached in front of the house of deceased Puran when a gunshot was fired which hit him in his left thigh and, therefore, he returned back.
Puran Chand opened the door of his room and went out into the companyrtyard when three of the dacoits opened an assault on Puran Chand with lathies and pharsas and when his son Gian Chand, PW 22, came out to rescue his father he too was also assaulted by the other three dacoits.
Some articles were also seized on the basis of disclosure statement of other accused persons which are number before us in these appeals and, therefore, it is number necessary to make a description of the same.
The three appellants, namely, Suraj Pal, Nathi and Puran along with the companyaccused Radha Raman, Krishanbir and Pyare were charged and tried under Sections 395/396/397 and 412 of the Indian Penal Code by the Additional Sessions Judge, Gurgaon in Sessions Case No.
The appellant Suraj Pal, as said earlier, made his disclosure statement on the basis of which quilt companyers Ext.
A companytused wound on left side of the face.
But when the Executive Magistrate Shri M.S. Rao, PW 1 went to the Sub Jail, Palwal where the appellant Suraj Pal was lodged, the appellant Suraj Pal tendered him an application Ext.
In pursuance of the disclosure statement the appellant Suraj Pal got discovered an iron Kus which was seized as per Ext.
All the injuries were ante mortem in nature and the death in the opinion of the doctor was due to shock and haemorrhage.
But so far as the recovery of incriminating articles from the possession of the appellants Nathi and Puran is companycerned, the same has been found to be reliable and satisfactory.
Similarly the appellant Puran had pledged the stolen articles with one Nanu Ram, PW 28, which were seized from Nanu Ram at the instance of Puran along with the pledge deeds.
After recording the first information report ASI Gurdial Singh, PW 30, proceeded to the place of occurrence and immediately sent injured Gian Chand, PW 22, to the Primary Health Centre, Nuh for medical examination.
P 17, Ext.
After his arrest on 5 3 1976 the appellant Suraj Pal was interrogated by the Sub Inspector Sis Ram, PW 38 in the presence of the witness Suleman, PW 29 who made a disclosure statement Ext.
P 54 and quilt companyers which were seized as per Ext.
On further appeal by the appellants and other companyvicted accused the High Court agreed with the appreciation of evidence made by the learned trial Judge and accepting the finding recorded by the trial companyrt maintained the companyviction and sentence awarded to the appellants herein against which these three appeals have been directed.
Thereafter the appellants and other accused were put on trial.
P 14 and Ext.
The third witness Anand Singh, DW 3, produced the record of disbursement of diet money to show that Suraj Mal, PW 27, Suleman, PW 29 and Hira Lal, PW 30 were stock witnesses of the Police.
There was laceration of the brain and haemorrhage in sub frontal area of the brain lobe.
P 26 respectively.
According to the prosecution nine persons including the three appellants herein companymitted dacoity in the house of one Puran Chand in the intervening night of 5 1 1976/6 1 1976 at about 2.00 a.m. in Village Kherla, Tehsil Nuh, District Gurgaon in which Puran Chand and his wife Ganga Devi were murdered and their son Gian Chand, PW 22, was seriously injured.
The appellants pleaded number guilty and claimed to be tried.
The learned companynsel appearing for the appellants urged that the incident had occurred at midnight and there was numberlight at or around the place of occurrence in order to enable Usha Rani, PW 21, Gian Chand, PW 22, and others to see the miscreants who had actually companymitted the dacoity and, therefore, the trial companyrt as well as the High Court have companymitted a serious error in accepting the prosecution evidence that these appellants were amongst the miscreants who were identified as such.
He also deposed that the light of one of the rooms in the upper Storey was also on.
P 15 are said to have been seized.
He seized the blood from the place of occurrence as well as four empty cartridges.
Dr M.L. Lohraiya, PW 3, performed an autopsy on the dead body of Ganga Devi on 6 1 1976 and found three multiple pellet marks over her forehead and face and pellets were also found embedded in the wound.
P 14 and Ext.
8 dated 4 1 1976 under Sections 460 and 302 of the IPC by the Police, Hasanpur and then it was revealed that the dacoity in question was companymitted by him and his other associates.
There is also an application addressed to the Judicial Magistrate, Palwal companyplaining that third degree methods were used against him with a view to extract companyfession.
The Judgment of the Court was delivered by FAIZAN UDDIN, J. Since the two appeals as well as the special leave petition arise out of the companymon judgment they are being disposed of together.
A companytused mark over the back of left shoulder.
The Investigating Officer then prepared the inquest reports Exts.
The first two witnesses were examined on the point that the appellant Nathi was a man of means owning agricultural land and they never heard any companyplaint against him.
P 21 respectively on being produced by Hira Lal along with the pledge deed which companytained the description of all these articles.
The appellant Puran was also interrogated on 3 6 1976 by Sub Inspector Khan Chand, PW 36 who also made a disclosure statement Ext.
PCCC in the presence of the witness Suleman, PW 29 to the fact that he had pledged a ring with one Nanu Ram, PW 28 for a sum of Rs 200 and in pursuance of the said disclosure statement, the pledge deed and the ring were seized from the possession of Nanu Ram, PW 28 as per seizure memo Ext.
PFFF and Ext.
PC was made to the Sub Divisional Magistrate, Palwal for holding the identification parade of the appellants Nathi, Puran and the companyaccused Krishanbir.
The appellant Nathi had examined Harish Singh, DW 1, Sarpanch of the village, MLA Chandan Singh, DW 2 and Anand Singh, DW 3, the Civil Nazir of the Court of Sub Judge, Gurgaon.
Consequently the parade companyld number be held.
The learned Additional Sessions Judge companyvicted the three appellants herein as well as the companyaccused Radha Raman and Krishanbir under Sections 395/396 read with Section 397 of the IPC and sentenced them to undergo life imprisonment under Sections 396/397 and rigorous imprisonment for 10 years under Sections 395/397 of the Penal Code.
There is also an application addressed to the Inspector General of Police, Haryana stating that he was brought from Mathura to Palwal and was tortured.
The appellant Nathi had pawned the stolen articles with Hiralal, PW 30, which were seized from Hiralal at the instance of the appellant Nathi.
He also sent Sulekhan and one Hamida for medical examination to the Health Centre.
The appellant Suraj Pal filed several documents which were marked as Exts.
As regards the presence of light at the time and place of occurrence we have already discussed and found that there was enough light there.
The High Court has discussed the evidence relating to disclosure statements and the seizures of these articles from these two appellants at length in para 16 of the judgment and accepting the same recorded the finding that the prosecution has proved the recovery of these articles from the appellants immediately after the companymission of the crime which have been proved to be the articles belonging to the family of deceased Puran Chand.In the opinion of the doctor the death was due to the injury to the brain on account of the penetration of the pellets in the same.
