The testimony of an injured witness holds greater evidentiary value, and minor discrepancies in witness statements do not necessarily render the evidence untrustworthy.

JUDGMENT :

Sadhna Rani (Thakur), J.

1. The appellants are aggrieved by the judgment and order dated 22.12.2006 passed by the Additional District and Sessions Judge, Court No.16, Meerut in S.T. Nos. 830 of 2002 (State Vs. Anangpal and Others) arising out of Case Crime No.103 of 2002, under Sections 147, 148, 307, 302, 120B I.P.C., Police Station Sardhana, District Meerut.

2. By the impugned judgment and order, the learned trial court convicted and sentenced all the three appellants Jitendra, Bovinder and Amit under Section 147 I.P.C. for one year rigorous imprisonment each; under Section 148 I.P.C. for two years rigorous imprisonment each; under Sections 302/149 I.P.C. for life imprisonment with fine of Rs. 5,000/-each and in default, all the three accused persons have to undergo additional imprisonment for three months; under Section 307/149 I.P.C. for seven years rigorous imprisonment with fine of Rs. 5,000/-each and in default, accused persons have to undergo further simple imprisonment of three months.

3. Accused Anangpal was acquitted of the charges under Sections 120B/ 302 I.P.C by the same judgment in S.T. No. 831 of 2002 (State Vs. Bovinder and Another) and accused Bovinder and Amit were acquitted of the charges under Sections 4/25 Arms Act.

4. During the pendency of the appeal, appellant nos.2 and 3 namely Bovinder and Amit were granted remission by the State. Resultantly, both of them did not press their appeal at the stage of arguments, hence, the appeal is dismissed on their behalf as “Not pressed”. Now, only the appeal of appellant no.1-Jitendra is before us for consideration. It may be noted that the proposal of premature release of appellant Jitendra is said to be pending before the State Government.

5. The law was set into motion by lodging of an F.I.R. by Munesh Devi w/o late Virendra Singh, by submitting a hand written complaint scribed by Umedsingh (brother of first informant Munesh Devi), wherein she had asserted that her husband had died in a road accident about eight years ago and she alongwith her minor son Sumit and minor daughter Kumari Priya @ Bitto used to live in her house in the village Ahmedabad. On 26.02.2002, she went to the house of Jagveer in the village Jaunmana and when she came back on 27.02.2002 at about 6:00 AM, she found that her daughter Kumari Priya was lying dead with the injuries on her person and her son Sumit was lying injured in an unconscious state. When she sprinkled water on Sumit he gained consciousness and disclosed that on the last night i.e. on 26.02.2002 at about 11:00 P.M. Jitendra, Bovinder and Amit all sons of Anangpal armed with knives had assaulted Priya @ Bitto and Sumit with the intention of committing their death and went back presuming both of them to be dead. It was stated that Anangpal was the elder brother of her deceased husband who after the death of her husband developed enmity with her. Previously also, Anangpal and his sons had assaulted her and her children. Jitendra, Bovinder and Amit in conspiracy with their father Anangpal had committed murder of her daughter and inflicted fatal injuries to Sumit with the intention of causing his death. The dead body of Km Priya was lying in her house while the injured Sumit was sent to hospital for the treatment.

6. On the basis of the written complaint, first information report was lodged on 27.02.2002 at 07:30 AM at the Police Station Sardhana, District Meerut. After lodging of the F.I.R., the officer in charge of the police Station Sardhana Sri Jagdish Singh took over the investigation. He collected samples of blood stained and normal earth, took into possession one stick, one pair of chappal, two blood stained pieces of tree bark, one rolling pin, pant and shirt having blood stains over them, bed sheet and mattress and got prepared memos in that regard. He recorded the statement of the complainant and other witnesses, prepared the site plan, got prepared the inquest report and other necessary documents, got the dead body