K. N. SETH, J. ( 1 ) ACCUSED-APPELLANTS Virey and Kaptan Singh have been convicted and sentenced to undergo imprisonment for life under Section 302/149 Indian Penal Code for the triple murder, 10 years rigorous imprisonment under section 436/149 Indian Penal Code and two years rigorous Virey and another Vs. State of U. P.- Har Chandibudh Sen Dev Dutt Mst. Rama Devi Ram Chandra Bachchan Lal Pubharh Babu Ram (deceased) (P. W. 3) (Scribe of F. I. R) Raghunandan Mst. Ganga Devi (deceased son) (widow P. W. 3) BS hanker Sukh Ram Parmeshwari (deceased) Babu Ram (P. W. 4) ( 2 ) RAM Chandra (P. W. 1) is a resident of village Dheemar Nagaria, Police Station Aliganj, District Etah. Mostly Dheemars reside in this village though there are few Yadavas also in this village. Ram Chandra (P. W. I) is Dheemar by caste. The deceased Parmeshwari, Bachchan Lal and Raghunandan were also Dheemar and were residents of this vary village. The accused are real brothers and Yadav by caste and reside in the same village of Dheemar Nagaria. A dacoity was committed before the occurrence of the instant case at the residence of one Agar Singh in village Devtaria hamlet of Dheemar Nagaria Jagdish resident of Gher Nagla was suspected for having committed that dacoity. Ram Chandra (P. W. 1) alongwith his brother Bachchan and other family members was at his residence at about 9 A. M. on 22nd April, 1978 when they heard some noise that the huts in village Gher Nagla were set on fire. Ram Chandra came out of this house and saw some smoke in that hamlet. He also heard two rounds of firing. Sia Ram and Babu Ram then come and all of them rushed towards Nagla Gher. In the way they came to know that Virey and Kaptan Singh had killed Parmeshwari and set fire to the entire village. Just then 8 or 10 persons came from Nagla Gher. Kaptan Singh and Virey accused were amongst them. Kaptan Singh accused was armed with a rifle whereas Virey was armed with a 12 bore gun. Their other companions were not known to this witness from before but one and two out of them were also armed with 12 bore guns. Ram Chandra and others took to their heels on seeing the accused but they were chased. Kaptan Singh accused was armed with a rifle whereas Virey was armed with a 12 bore gun. Their other companions were not known to this witness from before but one and two out of them were also armed with 12 bore guns. Ram Chandra and others took to their heels on seeing the accused but they were chased. The accused caught Raghunandan and Bachchan Lal and inquired from them about Jagdish. Accused Kaptan Singh said that these persons helped and harboured Jagdish. Raghunandan and Bachchan disowned to have harboured Jagdish or helped him. Kaptan Singh exhorted Virey to kill Raghunandan and consequently accused Virey fired at Raghunandan and Kaptan Singh fired at Bachchan causing their instantaneous death. The accused thereafter went to village Dheemar Nagaria and set fire to the houses there. Thereafter they made good their escape. A number of houses were burnt. Ram Chandra dictated the report to Babu Ram and submitted the same at the police station Aliganj on the same day at 3-15 P. M. The case was investigated and charge sheet was submitted against the accused-appellants and two others. The post mortem examinations reveal that the deceased Bachchan Lal, Raghunandan and Parmeshwari received following antemortem injuries in this occurrence: PARMESHWARI 1. Fire-arm wound of entry 2-1/2 cms. x 2 cms. X cronial cavity deep over left side of head occipital region- 3 cms. behind ear. Margins contused. 2. Fire-arm wound of entry 1 cm. X 3/4 cm. X abdominal cavity deep over right side abdomen flank near anterior surface iliac spine. ( 3 ) FIRE-ARM wound of exit 2-1/2 cms. X 2 cms. over front of abdomen over and below unblicus. Loops of bowel protruding out of it. ( 4 ) SUPERFICIAL 1st to 3:d degree burnts, over whole of the body involving head, face, front of chest and abdomen, each both sides buttocks, both upper limbs and both lower limbs upto knee. Upon internal examination the doctor found: - The entire body had been partially burnt with blackening and charring of skin. The blisters had also erupted at places. The hans lay signed and partially burnt. Rigormortis was present in both limbs. BACHCHAN LAL 1. Fire-arm wound of entry 1 cm. X 3/4 cm. X abdominal cavity deep over left side abdomen 14 cms. Outer to nipple. Injury over left lumber region. Margins contused and inverted. 2. The blisters had also erupted at places. The hans lay signed and partially burnt. Rigormortis was present in both limbs. BACHCHAN LAL 1. Fire-arm wound of entry 1 cm. X 3/4 cm. X abdominal cavity deep over left side abdomen 14 cms. Outer to nipple. Injury over left lumber region. Margins contused and inverted. 2. Fire-arm wound of exist of injury No. 1. 4 cms. x 3 cms. over right side abdomen lumber region. Loops of bowel protruding out of it. Margins overted. 3. Fire-arm wound of entry 2 cms. x 1-1/2 cms. over right fore-arm middle part, radial side blackening and tattooing present. 4. Fire-arm wound of exist 3-1/2 cm. X 3 cm. over middle of right forearm, ulnar side at a distance of 5 cms. from injury No. 3, exit wound of injury No. 3. Upon internal examination the doctor found: (a) Spinal cord not exposed. (b) Larynx was normal. (c) Perioardium was normal. (d) Paritoneum lacerated both sides. (e) Mucssa was normal. (f) Small intestine lacerated at several places. (g) Large intestine lacerated both right and left side. (h) Spleen was normal. (i) Kidneys normal. (j) Bladder normal. RAG HU NAN DAN Rigormortis had passed off from his lower limbs. There was only one fire-arm ante mortem wound of entry left side upper part front of chest 2 cm. X 2 cm. X 5 cm. above the left nipple and at 11 Oclock position, chest cavity deep Blackening and tattooing seen. Upon internal examination the doctor found: a. Spinal cord not exposed. b. Left lung grossly lacerated. c. Pericardium lacerated at many places. d. Semi-digested food was present in the stomach. e. Small intestine, semi-digested food was found. f. Gall-bladder half full and g. Bladder was empty. 3. In the opinion of the two doctors, as duly endorsed in the reports (Ext. Ka-2; Ka-3 and Ka-6) the deaths had resulted from shock and haemorrhage on account of ante-mortem injuries. 4. The prosecution examined Ram Chandra (P. W. 1), Subhash Chandra (P. W. 2), Ganga Devi (P. W. 3) and Babu Ram (P. W. 4) as witnesses of fact. Dr. R. P. Yadav (P. W. 5) and Dr. Daya Shanker (P. W. 7) are the medical experts we have conducted the post mortem examinations. Dhanpal Singh (P. W. 6) is the constable woo has prepared the first information report and other connected papers. Dr. R. P. Yadav (P. W. 5) and Dr. Daya Shanker (P. W. 7) are the medical experts we have conducted the post mortem examinations. Dhanpal Singh (P. W. 6) is the constable woo has prepared the first information report and other connected papers. Sri M. N. Chaturvedi (P. W. 8) and Suresh Chandra Katara (P. W. 9) are the Investigating Officers. ( 5 ) THE learned Judge on a consideration of the entire evidence on the record acquitted Ujagar and Gitam but convicted the accused-appellants Virey and Kaptan Singh. ( 6 ) RAM Chandra (P. W. 1) has narrated the entire prosecution story which we have given in the opening of this judgment. He is the author of the first information report which has been promptly lodged. The accused-appellants are named in the first information report and the part played by them has been clearly narrated therein. The deceased Bachchan Lal and Raghunandan are admittedly close relations of Ram Chandra (P. W. 1) as is clear from the pedigree given above. Subhash Chandra (P. W. 2) is the real brother of the deceased Bachchan Lal and Mst. Ganga Devi (P. W. 3) is the widow of Bachchan Lal deceased. Babu Ram is the scribe of the first information report and is another brother of the deceased Bachchan Lal. Raghunandan deceased is the son of Bachchan Lal deceased. These facts are fully established from the evidence on the record and go unchallenged before us. It is thus clear as mentioned above that the witnesses are close relations of the deceased but in our opinion their testimony cannot be suspected and discarded simply on to at account. On the other hand, under the prevelant circumstances their, testimony inspire confidence. The occurrence has undoubtedly taken place in broad day light at about 9 A. M. The medical evidence fully corroborates the facts that three murders have been committed at about 9 A. M. on 22nd April, 1978. The Investigating Officer has reached the scene of occurrence after the first information report was lodged and he has also found the house burnt and the dead bodies lying there. The medical evidence thus fully corroborate the fact that the occurrence has taken place at about 9 A. M. on 22nd April, 1978. The witnesses had thus full opportunity to witness the occurrence. The medical evidence thus fully corroborate the fact that the occurrence has taken place at about 9 A. M. on 22nd April, 1978. The witnesses had thus full opportunity to witness the occurrence. It is impossible to believe that the witnesses have left the real assailants and have falsely implicated the accused appellants in the crime. Ram Chandra (P. W. 1), Subhash Chandra (P. W. 2) and Smt. Ganga Devi (P. W. 3) all have disposed that the accused-appellants have caused the death of Rachchan Lal and Raghunandan. Smt. Ganga Devi went to the extent of making a request to the accused to kill her also as her husband was killed but the accused Kaptan Singh asked her to see the accused. It was most natural for Smt. Ganga Devi (P. W. 3) to have offered to be killed by the accused. All these witnesses are most natural witnesses of the occurrence and have given all the minute details put to them in cross-examination. Nothing has been pointed out while may go to discredit their testimony. The learned Judge who had the advantage of watching their demeanor has believed them and having gone through the evidence on the record we see no reason to disagree with his assessment. Babu Ram (P. W. 4) swears that the accused Kaptan Singh and Vercy fired at Parmeshwari who died instantaneously on receiving injuries. Thereafter he found Bachchan Lal and Raghunandan lying dead towards the south of the village abadi near the village. Smt. Ganga Devi, Ram Chandra and others were standing near by and saw that Kaptan Singh and Virey had killed Raghunandan and Bachchan Lal. They are a natural and reliable witness of the occurrence. ( 7 ) THE only possible conclusion which can be drawn from the evidence on the record is that the accused Virey and Kaptan Singh alongwith a number of other unknown persons set fire to the residential houses in the village and in prosecution or the common object of their said unlawful assembly the accused-appellants have intentionally caused the death of Bachchan Lal, Raghunandan and Parmeshwari. Both these accused were armed with fire arms and the three charges are thus proved beyond doubt against them. They have rightly been convicted and sentenced by the court below. The appeal has no force and shall be dismissed. ( 8 ) IN the result, the appeal is dismissed. Both these accused were armed with fire arms and the three charges are thus proved beyond doubt against them. They have rightly been convicted and sentenced by the court below. The appeal has no force and shall be dismissed. ( 8 ) IN the result, the appeal is dismissed. The conviction and sentences passed against the accusedappellants are confirmed. They are in jail. Let them remain in jail to serve out the sentences awarded to them. Appeal dismissed. .