Point of Law: Related witness cannot be said to be an interested witness merely by virtue of being the relative of the victim. The scrutiny of evidence of related witness should be more caution.

JUDGMENT :

OM PRAKASH TRIPATHI, J.

1. Heard Sri. Dharmendra Singhal, learned Senior Advocate assisted by Sri. Atmaram Nadiwal, Sri. Sudhir Kumar Agarwal and Sri. Naveen Kumar Yadav, learned counsel for the appellants as well as Sri. A.N. Mulla, learned AGA for the State and perused the material on record.

2. The appellants have preferred these criminal appeals aggrieved by the judgment and order dated 18.07.2007 passed by the Additional Sessions Judge, Fast Track Court-I, Baghpat in Sessions Trial No. 544 of 2006, arising out of Case Crime No. 406 of 2006, Police Station Barot, District Baghpat convicting and sentencing the appellants to undergo rigorous life imprisonment under Section 302/34 of IPC with a fine of Rs. 25,000/- each, in default thereof, to undergo two years rigorous additional imprisonment, therefore, these appeals are heard and being decided together by this common judgment.

3. The prosecution case is as follows:

Rishi Pal, the complainant S/o Bhullan R/o Wazidpur, Police Station Baraut, District Baghpat lodged the first information report on 24.07.2006 at the Police Station Baraut, District Baghpat alleging therein that on 24.07.2006 at 04:30 p.m. the son of the complainant namely, Mange was going to see buffalo at the house of Rajiv S/o Padam with Pappu S/o Vijay Pal and Kaley S/o Nahar. When all these three persons came in front of the shop of Tejpal Jhevar, Pappu S/o Vijay Pal began to purchase gutka, where Mange Ram and Kaley, stood before the shop. Suddenly, Sanjay @ Kalla and Vinod @ Bhura came from the back side and Vinod @ Bhura caught hold Mange Ram and Sanjay @ Kalla with intention to kill, inflicted gun shot injury upon Mange (son of the complainant), which resulted in the death of the deceased on the spot.

4. On the basis of the written report (Exhibit Ka-1), the police registered a case as Crime No. 406 of 2006, under Section 302 IPC and entry about registration of the case was made in the General Diary on 24.07.2006. Investigation of the case was taken over by the Sub-Inspector Suraj Pal Singh (PW-5). He rushed to the spot and recorded the statement of the complainant Rishi Pal and prepared the site plan.

5. The postmortem examination was conducted on the dead body of the deceased Mange Ram by PW-4, Dr. P. Kapoor, Medical Officer, Community Health Centre, Baghpat on 25.07.2006 at 10:45 a.m. As per the post mortem report, the deceased was about 26 years old at the time of the death and possibility of death of the deceased was about 3/4th day from the date of postmortem. On internal examination of the deceased, the doctor opined that the deceased died due to coma, shock and haemorrhage due to ante mortem injuries. Ante mortem injuries are as follows:

Gun shot wound of exit on right side of head of size 3.5 cm x 1.5 cm margin everted.

Gun shot wound of entry on left side of neck of size 7 cm x 5 cm located above left collar bone margin inverted on dissecting underlying tissues and vessels lacerated and torn. On dissecting and probing injury nos. 1 and 2 in direct communication.

6. During investigation, the Investigating Officer recorded the statements of the witnesses. After completing all formalities of investigation, he submitted the charge sheet (Exhibit Ka-13) against the appellants in the Court of Chief Judicial Magistrate, Baghpat under Section 302 IPC and the cognizance of offence was taken by the Magistrate. The case was committed to the Court of Sessions Judge by the Chief Judicial Magistrate and thereafter, the case was transferred to the Court of Additional Sessions Judge, Fast Track Court-I, Baghpat. On 17.04.2017, charge was framed against the appellants under Section 302 IPC and the accused-appellants pleaded not guilty and claimed to be tried.

7. In order to prove the charges framed against the appellants, the prosecution has examined the complainant (PW-1) Rishi Pal, (PW-2) Pappu, (PW-3) Kaley, (PW-4) Dr. Pradeep Kapoor, (PW-5) Sub Inspector Surajpal Singh, (PW-6) Clerk Surendra Singh, (PW-7)