Leaving the car there they got into a bus which came from the side of Amroha.
1,2 and 4 so far as it sought to prove that the appellant fired at Ram Pal as a result of which he died companyld be safety relied upon as it stood companyroborated by the medical evidence.
On far as P.W.9 was companycerned the Trial Court felt that his identification of the appellant, who was number known to him from before, companyld number be relied upon in absence of T.I. Parade held earlier to test his ability to remember the features of the miscreant.
Of the witnesses examined by the prosecution Ashok Kumar P.W.1 , Veer Singh P.W.2 , Sish Raj Singh P.W.4 , and Ram Nath P.W.9 figured as eye witnesses Mahendra W.7 , the companyductor of the bus in question was also examined by the prosecution to give an account of the incident but he turned hostile.
I. Anil Kumar registered a case on that report and took up investigation.
Near the bust stand of village Umori, One of its tyres got punctured.
He held inquest upon the dead body of Ram Pal, which was lying inside the bus and sent it for post mortem examination.
In companyrse thereof the other accused persons got up from their seats and started abusing Ram Pal.
After they got into the bus the appellant asked the driver to proceed but Ram Pal requested the driver to wait awhile as one of their men was still to board.
Since their evidence regarding the roles of the other accused in the assault on Ram Pal was number companyroborated by medical evidence the Court gave them the benefit of doubt.
Having regard to testimony of Dr. Manju Rastogi P.W.8 who claimed to have examined Veer Singh P.W.2 at the District Hospital, Moradabad on May 11, 1977 at 7.30 P.M. and found two gun shot wounds, one of entry and the other of exit, the presence of veer Singh at the time of incident and his having been fired at cannot be disputed.
On May 11, 1977, a date fixed for hearing of the above proceeding, Teka Yadav accompanied by his village Pradhan Sish Raj Singh P.W.4 , his company village Ashok Kumar P.W.1s uncle Ram Pal the deceased and friend Veer Singh P.W.2 went to Amroha in a car, which belonged to and was driven by Ram Kumar, for pairvi in that case.
To save their lives, when Ashok Kumar and Veer Singh were about to get down from the bus two or them fired at them as a companysequence whereof Veer Singh sustained injury on his thigh.
Immediately thereafter the appellant fired at Ram Pal who fell on his seat and died.
All the accused persons then run away.
Hence this appeal at his instance.
he sent Veer Singh to the District Hospital, Moradabad for treatment and then proceeded to the scene of occurrence along with Ashok Kumar and Sish Raj Singh.
As regards the assault on Veer Singh for which a charge under Section 307 read with Section 149 IPC was framed against the accused the trial companyrt observed that through there was numberdoubt that he was fired at while he was getting down from the bus, there was discrepancy in his evidence as to who fired at him, for earlier before the Magistrate who recorded his statement as dying trial named two of the other accused persons.
In that bus they found the eight accused persons sitting armed with gun and other weapons.
Aggrieved by his companyviction the appellant preferred an appeal which was dismissed by the High Court.
In dismissing the appeal of the appellant the High Court companycurred with all the above findings of the trial Court.
In support of its case the prosecution examined 14 witnesses but numberwitness was examined on behalf of the defence.
The trial ended with companyviction and sentence of the appellant under Section 302 IPC and acquittal of the other six.
According to the prosecution case, at the time the incident, with which he are companycerned in this appeal, took place a proceeding under Section 145 Cr.
Over this issue a quarrel ensued between Ram, Pal and the appellant.
Ashok Kumar prepared a written report about the incident and accompanied by Sish Raj Singh and injured Veer Singh went to Chajlait Police Station to lodge the same.
The other accused persons also started assaulting them with Kirpans and other weapons.
The appellant pleaded number guilty to the charges levelled against him and companytended that he had been falsely implicated out of enmity.
P.C. was pending in the Court of Sub Divisional Magistrate, Amroha, between the appellant, who is a resident of village Bhankori, and Teka Yadav of village Ram Sarai.
J U D G E M E N T K. MUKERJEE, J. Daleep Singh, the appellant before us, and seven others were arraigned before the Additional Sessions Judge, Moradabad for rioting, murder and other allied offences.
On companypletion of investigation he submitted charge sheet against the accused persons and in due companyrse the case was companymitted to the companyrt of session.
During pendency of the trial one of them, namely, Jahangir singh, died.
On their way back from Court Teka Yadav parted companypany at amroha and the other four companytinued their journey in the same car.
