K. N. SETH, J. ( 1 ) ACCUSED Ram Chuan has been convicted under sections 302/149, 307/149 Indian Penal Code and sentenced to undergo rigorous imprisonment for life under section 302/149 and for five years rigorous imprisonment under section 307/149 Indian Penal Code. He has been further convicted under section 147 Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year by the 3rd Additional District Sessions Judge Budaun on 11th November, 1976. ( 2 ) THE facts giving rise to this appeal are briefly put as follows: ( 3 ) GAURI Sahai deceased was the father of Karan Singh (P. W. 1), Atbal and Hardayal were their family members. Dinanath is the uncle of Karan Singh (P. W. 1), Phool Singh (not produce) is his uncles son. The accused Chandra Pal and Deep Singh are sons of the accused Ram Lal. The accused Prem Chandra is the son of Ram Charan accused. The accused Babu Ram is the sisters son of accused Ram Charan and Ram Lal. The Patela of Charan Lal, uncle of Karan Singh was in the partnership of the accused Ram Charan and Ram Lal. Accused Ram Charan was ploughing his field on 20th October, 1973 at about 7. 30 A. M: Karan Singh and his brother Hakim, Singh were spreading manur in their plot on that very morning. Chandra Pal reached near the Nali along with the said Patela. Charan Lal asked him to give that Patela to him as he had used it for sufficiently long time, Thereupon Chandra Pal accused threw away the Patela and left for the village abusing him. Shortly thereafter Chandra Pal, Ram Charan and Ram Lal came their followed by Smt. Sobarani. All of them were abusing Charan Lal and threw him on the ground. Karan Singh used his Paina for assaulting those assailants, Rameshwar, Tika Ram and Gayngir intervened. Ram Lal, Ram Charan and Soba Rani received injuries in the occurrence and went back to the village. Shortly thereafter Karan Singh also returned for the village. When he reached in front of the house of Charan Lal on the vacant space, he met Deep Singh, Prem Chandra and Ram Charan, Chandra Pal, Ram Lal and Babu Ram accused there. Deep Singh was armed with a single barrel gun. Prem Chandra accused was armed with a revolver. Shortly thereafter Karan Singh also returned for the village. When he reached in front of the house of Charan Lal on the vacant space, he met Deep Singh, Prem Chandra and Ram Charan, Chandra Pal, Ram Lal and Babu Ram accused there. Deep Singh was armed with a single barrel gun. Prem Chandra accused was armed with a revolver. Chandra Pal was armed with a spear and remaining three accused were armed with lathis. Chandra Pal accused exhorted his companion to kill Karan Singh as he had assaulted his mother and he dealt a separ blow on his leg. He Karan Singh (P. W. 1) cried whereupon Gauri, Dma Nath, Har Dayal, Atbal, Smt. Mohan Devi, Satyawati, Prem Chandra son of Tika Ram rushed there. Karan Sing (P. W. 1) fell down on receiving injuries. Ram Lal accused dealt lathi blow on the person of Dma Nath. Just then Deep Singh fired his gun causing injury to Hardayal. Accused Prem Chandra fired his revolver causing injuries to Atbal. Accused Deep Singh fired second round of his gun causing injuries to Gauri Sahai. Accused Ram Charan and Babu Ram assaulted Atbal with lathi after he had fallen down. Phool Singh (not produces) fired two rounds of his gun to save Karan Singh and others causing injuries to the accused Ram Charan, Chandra Pal and Prem Chandra. Consequently the accused ran away. Hardayal died instantaneously. Karan Singh wrote a report at his Chaupal and carried the same to the police station where he submitted it at 9. 05 P. M. The Statements of Gauri Sahai and Atbal were recorded by the Investigating Officer and they were referred to Budaun hospital. Atbal succumbed to the injuries in the way. Gauri Sahai was admitted in the Mission Hospital Bareilly where he expired after 5 or 6 days. Dinanath and Gauri Sahai were medically examined on 20th October, 1972 and the following injuries were found on the dead body of Hardayal, Atbal and Gauri Sahai in the post mortem explanation: On the dead body of Hardayal 1. Gun shot wound of entry 0. 25 cm. X 25cm. X scalp on the front and left side of head 5 cm. above the ear. 2. Two gun shot wounds of entry 0. 25 cm. X 0. 25 cm. X scalp on the left side of head behind the ear. 3. Two gun shot wounds of entry 0. Gun shot wound of entry 0. 25 cm. X 25cm. X scalp on the front and left side of head 5 cm. above the ear. 2. Two gun shot wounds of entry 0. 25 cm. X 0. 25 cm. X scalp on the left side of head behind the ear. 3. Two gun shot wounds of entry 0. 25 cm. X 1. 25 cm. X muscle on the front of forehead above the eye brow. ( 4 ) MULTIPLE gun shot wounds of entry 10 in number in an area of 16 cm. X 7 cm. on the left side of face 0. 25 cm. X 0. 25 cm. X skin to muscle to 2cm. X 0. 25 cm. X skin. ( 5 ) MULTIPLE wounds of entry in an area of 30 cm. x 24 cm. on the front and left side of neck from thyroid cartilage and front and both sides of chest upto both the nipples size 0. 25 cm. X 0. 25 cm. x skin to cavity to 0. 25 cm. X 0. 25 cm. X cavity to skin deep. ( 6 ) THREE gun shot wounds of entry on the anterior aspect of left shoulder, size 0. 25 cm. X muscle. ( 7 ) THREE gun shot wounds of entry on the anterior and front aspect of left wrist size 0. 25 cm. X 0. 25 cm. X muscle. In the opinion of medical export the death was caused due to shock and haemorrhage as a result of the aforesaid injuries. On the dead body of Atbal 1. Lacerated wound 1/2 X 1/4 X skin on forehead. 2. Multiple gun shot wounds of entry 1/8 x 1/8 X muscle in an area of 10 x 8 on right thigh upper part. Pellets are more on front (inside muscle are more congested and bleeding from vessles torn inside) of thigh. 3. Lacerated wound 1/4 X 1/4 X skin on left thumb dorsal aspect distal part. In the opinion of the medical expert the death was caused due to shock and haemorrhage as a result of the aforesaid injuries. On the dead body of Gauri Sahai 1. Right paricardium region -21 cm. long stiched having 21 stiches sutured (operation ). 2. Two incised wounds drain one at long end of injury No. 1 and other 8 cm. right to umblicus after 1 cm. of abdominal wall. 3. On the dead body of Gauri Sahai 1. Right paricardium region -21 cm. long stiched having 21 stiches sutured (operation ). 2. Two incised wounds drain one at long end of injury No. 1 and other 8 cm. right to umblicus after 1 cm. of abdominal wall. 3. Multiple gun shot wounds 1 cm. X 11 cm. more on left side of the abdomen below the umblicus each 3 cm. x 3 cm. X abdominal cavity deed. One large (2. 25 cm. X 2. 25 cm. in the centre) rounded area of the burnt skin. Abdominal walls and the paritoneum were found injured. The intestines were also found reptured and punctured. In the opinion of medical expert has death was caused due to shock and heamorrhage as a result of the aforesaid injuries. 4. The accused Chandra Pal, Ram Lal, Ram Charan, Prem Chandra and Smt. Sobarani were also examined on 20th October, 1973 and the following injuries were found on their persons: Chandra Pal 1. Gun shot injury on front of between abdomen and left thigh at injunial region inch below Lt. Iliac creast and 3 inch above to the public synplysis. 2. Multiple gun shot injury in area of middle and lower part outer side of it. thigh (3 in number ). 3. Multiple gun shot injury on front and inner part of Lt. knee (3 in number ). 4. Gun shot injury on lower and outer part of Rt. knee. 5. Gun shot injury on inner part of Rt. ankle. All the injuries were simple and were caused by fire arm weapon. Ram Lal 1. Lacerated wound on 11/2 X 1/2 on Lt. upper lip wd. extending nose to the rest of teeth. 2. Abrasion 1/2 X 1/8 of the root of upper part of Lt. ear. 3. C/c Pain on upper part Rt. side back. 4. C/c Pain Rt. ankle. 5. C/c Pain Rt. knee. 6. C/o Pain Lt. knee. All the injuries are simple and caused by blunt weapon. Ram Charan 1. Lacerated wound 2 X 1/4 X 1/8 inch on back head extended from Rt. to Lt. 6 inch above from occipital probelssence. 2. Gun shot injury on back of Lt hand 2 inch blow to the Lt. wrist. 3. Abrasion 3/4 x 1/8 inch on front Lt. hand 1 inch below to Lt. wrist. 4. Ram Charan 1. Lacerated wound 2 X 1/4 X 1/8 inch on back head extended from Rt. to Lt. 6 inch above from occipital probelssence. 2. Gun shot injury on back of Lt hand 2 inch blow to the Lt. wrist. 3. Abrasion 3/4 x 1/8 inch on front Lt. hand 1 inch below to Lt. wrist. 4. Gun shot multiple injury in area of front outer inner whole part Lt. Thigh distance of each shot hariable no. of injury No. 8. 5. Gun shot multiple injury in middle lower part of inner Rt. thigh (3 in number) distance is. . . cf each shot is nearable. 6. One shot (gun) injury on front of upper part Rt. leg 1 inch below knee. 7. C/c Pain Lt. elbow. All the injuries are simple. Injury No. 1 and 3 caused by blunt weapon. Prem Chandra 1. Gun shot injury front and middle of Lt. thigh 51/2 below to hip joint. 2. Gun shot injury in inner and upper part Lt. leg 1 inch below to Lt. knee. Injuries are simple and caused by firearm weapon. Smt. Sobarani 1. Lacerated wound I x 1/8 X 1/8 inch on outer part Rt. side head 3 inch away from middle line of head 2112! above to Rt. ear. 2. Lacerated wound 1/2 x 1/2 inch deep into skin on inner part terminal end of 4th (little) finger (It ). 3. Abrasion of 1/8 x 1/8 inch on front of left forearm 21/2t1 below to left elbow. All the injuries are simple and caused by blunt weapon. 5. The accused pleaded not guilty and claimed to be tried. 6. The prosecution examined Karan Singh (P. W. 1.), Prem Chandra (P. W. 3), Mohammad Jafar (P. W. A), as witnesses of fact and in all examined as many as 12 witnesses. The learned Magistrate on a consideration of entire evidence arrived at the conclusion that the charges are proved beyond doubt against the accused appellant. He has consequently convicted and sentenced him of the same. He has felt aggrieved and come up in appeal. 7. Karan Singh (P. W. 1) is the author of the first information report and has narrated entire prosecution story which, we have narrated above. It is proved that the first information report has been promptly lodged at 9. 05. A. M. on the same day. He has felt aggrieved and come up in appeal. 7. Karan Singh (P. W. 1) is the author of the first information report and has narrated entire prosecution story which, we have narrated above. It is proved that the first information report has been promptly lodged at 9. 05. A. M. on the same day. The distance of police station from place of occurrence is five miles away. The first information report gives all the main features of to occurrence as well as the part played by the accused in the crime. The first information report thus fully corroborates the prosecution story. ( 8 ) KARAN Singh has received injuries in this very occurrence. The medical evidence shows that he has received one incised wound 1/2ttx 1/4 X 1/4 of outer side of the front of left knee. Medical evidence fully corroborates the eye account of the occurrence given by him. His presence oft the scene of occurrence is established beyond doubt. He has named the accused and has also given the details of the role played by him. He swears that Deep Singh was armed with gun and Prem Chandra was armed with revolver. He admits that in the first occurrence he did use Paina and caused injuries to Ram Lal, Ram Charan and Smt. Sobarni. He has further disclosed that Rameshwar, Tika Ram and Gyangir intervened in the first occurrence. His evidence shows that when after the first occurrence he was on his way to his house from his field, he met accused in the way when he reached in front of the house of Charan Lal and saw that one accused Deep Singh was armed with gun, accused Prem Chandra was armed with revolver and Chandra Pal was armed with spear. Chandra Pal exhorted his companion to kill him and dealt a spear blow on his person. His cry attracted Gauri Sahai, Dma Nath, Hardayal, Atbal and others. According to him Ram Lal dealt a lathi blow on the person of Dma Nath. Deep Singh fired at Hardayal, Prem Chandra fired at Atbal, Deep Singh fired second round at Gauri Sahai causing fatal injuries to them. Ram Charan and Babu Ram assaulted Atbal with lathi after he had fallen down. The medical evidence fully corroborates the aforesaid version given by Karan Singh. Deep Singh fired at Hardayal, Prem Chandra fired at Atbal, Deep Singh fired second round at Gauri Sahai causing fatal injuries to them. Ram Charan and Babu Ram assaulted Atbal with lathi after he had fallen down. The medical evidence fully corroborates the aforesaid version given by Karan Singh. ( 9 ) KARAN Singh (P. W. 1) further swears that his cousin Phool Singh came out of his house armed with gun and fired two rounds in their defence causing injuries to the accused. Injuries caused to the accused have thus been fully explained and the fact that Phool Singh has caused fire arm injuries to the accused in self defence has been disclosed in the first information report at the earliest possible opportunity by, the complainant. It is significant to find that the accused has not lodged any first information report at the police station to disclose the defence theory at the earliest possible opportunity. ( 10 ) PREM Chandra (P. W. 3) resides at a very short distance from the place of occurrence. He was at his residence when he heard the exchange of abuses and came out. He took his position in front of the house of Han Lal. He has fully corroborated the prosecution story and has narrated the same story which has been given by Karan Singh. He says that Chandra Pal was armed with spear, Deep Singh with a gun, Prem Chandra with a revolver. Chandra Pal dealt spear blow on the person of Karan Singh. Hardayal, Gauri Sahai, Atbal also rushed there. Deep Singh fired his gun at Hardayal causing fire are injuries to him. Deep Singh fired second round causing injury to Gauri Sahai. Ram Charan and Babu Ram swears that Phool Singh fired two round at the accused in the defence of Karan Singh and others causing injuries to the accused whereupon accused ran away. He has been fully cross examined but we see nothing on the record to discard his sworn testimony. He is a natural witness of the occurrence and is named in the first information report. He has fully supported the prosecution story. ( 11 ) MOHAMMAD Jafar (P. W. 4) resides at the distance of 60-65 steps from the place of occurrence. He was on his way to his field which is situate towards the west. He is a natural witness of the occurrence and is named in the first information report. He has fully supported the prosecution story. ( 11 ) MOHAMMAD Jafar (P. W. 4) resides at the distance of 60-65 steps from the place of occurrence. He was on his way to his field which is situate towards the west. He heard the exchange or abuse when he reached near the house of Don Lal Mukhiya. He has fully supported the prosecution story and has assigned the same role to the accused as has been narrated by the former two witnesses of fact. We need not repeat the same. He also says that Phool Singh fired two rounds in defence of the victims causing injuries to the accused. He has given good reasons for his presence on the scene of occurrence. There is nothing on the record to show that he has any reason to swear falsehood against the accused in this crime. Learned Judge who has the advantage of watching his demeanor has believed him and having gone through the evidence on the record we see no reason to disagree with his assessment. ( 12 ) IN the result, the medical evidence is fully consistent with the actual account of the occurrence given by the prosecution witnesses of fact. Medical evidence further supports the prosecution version that the injuries have been caused to the caused by Phool Singh in exercise of right of defence of the person of his close relations. Thus the injuries caused to the accused are fully explained and were disclosed at the earliest. The accused has not been able to set up any version in defence and has not even the courage to lodge a first information report. The only possible conclusion which can be drawn from the evidence on record is that the charges as held by the court below are proved against the accused beyond doubt. He has rightly been convicted, and sentenced of the same by the court below. The appeal shall therefore be dismissed. ( 13 ) IN the result, the appeal against accused Ram Charan is dismissed. The conviction and sentences passed against him are confirmed. He is on bail. His bail bonds are cancelled. Let the accused be taken into custody forthwith to serve out the sentences. Appeal dismissed. .