Point of law: In the absence of such finding as also any overt act on the part of the accused persons, mere fact that they were armed would not be sufficient to prove common object.

JUDGMENT :

1. This appeal was presented on behalf of two appellants, namely, Ram Samujh and Rama Kant. The appeal of Rama Kant was abated vide order dated 21.08.2015, therefore, this appeal survives qua appellant no.1 Ram Samujh only.

2. This appeal is against the judgment and order dated 11.10.1983 passed by the third Additional Sessions Judge, Jaunpur in S.T. No.139 of 1981 connected with S.T. No.120 of 1981 whereby, the surviving appellant no.1 Ram Samujh, along with co-accused Rama Kant and Sher Bahadur Singh, has been convicted and sentenced under Sections 148, 302/149 and 307/149 IPC. Sher Bahadur Singh filed a separate Criminal Appeal No.2412 of 1983 which stood abated vide order dated 11.12.2015. This appeal has, therefore, been pressed only on behalf of the appellant no.1 Ram Samujh, who has been convicted and sentenced as above in S.T. No.139 of 1981.

3. We have heard Sri Sageer Ahmad, learned Senior Counsel, assisted by Sri Shashwat Shukla, for the surviving appellant no.1 (Ram Samujh); Ms. Sanyukta Singh, Brief Holder, and Sri J.K. Upadhyay, learned AGA, for the State; and have perused the record.

INTRODUCTORY FACTS

4. On a written report (Ex. Ka-1), dated 01.05.1981, submitted by Achhaibar (PW-1), scribed by Devi Prasad Maurya (not examined), Case Crime No.56 of 1981, at P.S. Meerganj, District Jaunpur was registered at 01.30 hrs on 01.05.1981 of which GD Entry No.4 (Ex. Ka-9) and Chik FIR (Ex. Ka-8) was prepared by Shyam Lal Tiwari (PW-7). The FIR alleges that the informant (PW-1) for getting his wheat threshed had been at the pumping set of Yadunath Yadav (not examined) where Saheb Lal (the deceased), Saheb Lal’s relative Rai Sahab (not examined) and Hanuman Prasad (PW-2) were present. At about 12 midnight, eight men armed with country made pistol, gun and bomb arrived, tied PW-2 and fired at Saheb Lal (the deceased). Saheb Lal fell whereas Rai Sahab escaped towards the village. In the meantime, when a second shot was fired at Saheb Lal, the informant intervened and pleaded that if they have to rob/loot they may go to the village but they should not kill. Upon which, those men threatened the informant, as a result, the informant tried to escape. While he was escaping, those men hurled a bomb. On explosion of that bomb, the dried Arhar (lentil) crop kept there caught fire and started burning, which lit the spot. In the light of that fire, the informant could identify three men, namely, Rama Kant Dube (the appellant no.2); Ram Samujh Mishra (appellant no.1); and Sher Bahadur Singh (the appellant in the connected appeal), who had country made pistol, gun and bomb with them. It is alleged that as the area got sufficiently lit, the accused effected their escape towards south west. On their escape, large number of persons gathered at the spot. Saheb Lal died on the spot whereas the informant received injury. After making allegations noticed above and by stating that the body of the deceased has been left at the spot, the FIR was lodged.

5. PW-1 (the informant) was medically examined by PW5 (Dr. R.S. Shukla) at 3.15 pm on 01.05.1981. The injury report (Ex. Ka-6) notices following injuries:-

(i) Multiple tiny abrasions on back in an area of 30 cm x 30 cm. Black in colour. Soft scab red in color present.

(ii) Lacerated wound 1 cm x 0.5 cm x skin deep on left buttock.

(iii) Traumatic swelling 22 cm x 6 cm on left leg with an abrasion 0.4 cm x 0.4 cm, 8 cm below knee joint.

(iv) Multiple Tiny abrasions in area 18 cm x 8 cm on back of right leg. Firm red scab present.

Injuries are simple. No.1 and 4 is caused by blast injury and no.2 and 3 by blunt object. Duration about half day.

It be noted that the Chitthi Majrubi (letter for examination of the injured, prepared at the police station) on which the medical examination of PW-1 was carried out by PW-5 has not been exhibited. The injury report (Ex. Ka-6) though reflects that it is a police case and the injured was brought by constable Shyam Narain Mishra (not examined) but the case cri