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4. The factual matrix of the case in brief are that the informant lodged present FIR on the basis of written report (Ext.Ka-1) at police station concerned on 16.5.1982, at 4:30 AM, with allegation that a groom's party (barat) had come from district Jalaun at the place of his maternal uncle, Raj Singh, in village Musasi, Police Station Badausa. This marriage party was to leave in the intervening night of 15/16.5.1982 from Atarra railway station. The passenger train by which this marriage party was to leave was late. The train arrived at the station at around 2:00 AM, in which informant got the marriage party boarded and he also travelled in the same train alongwith his three companions up to Khurhand railway station together with said groom's party (barat). They disembarked from the train at Khurhand railway station and came back to railway station Atarra by Bundelkhand Express. It was 3:30 AM. As soon as they reached at the platform, accused Ajay Kumar Gupta and Satish Kumar Gupta, who hail from Kasba Atarra and were known as local goons, appeared there. Satish Kumar wielded an iron rod in his hand. They stopped Shyam Sundar Gupta, one of the companions of the informant and accosted him while abusing that he appeared to be a rogue (badmash), from where he was coming. The informant and his companions objected to this and intervened. They asked them not to speak in bad manner, which resulted in altercation between informant and his companions and the accused persons. They came out of the station and sat in the tea shop of one Badku on a bench lying outside his shop. These two miscreants started abusing and threatening them while standing in front of the shop. Avadhesh Singh, one of the companions of the informant, took a strong exception to their conduct and asked them to refrain from abusing them. As soon as he stood from the bench, Satish Kumar Gupta caught hold of his hand and twisted it and got him forcefully seated on the bench. Accused Satish Kumar also exhorted accused Ajay Kumar to kill him as he was showing arrogance, thereupon, accused Ajai Kumar whipped out a countrymade pistol from pocket of his pant and fired close to the chest of Avadhesh Singh. Avadhesh Singh got injured in his left chest and fell down on the bench. Thereafter, both the accused fled away towards town. The occurrence was also seen by one Kishan Pal Singh. A written report Ext.Ka-1 of the occurrence was lodged by Rakesh Kumar Singh (PW-1) at 4:30 AM at Police Station Atarra, situated about one kilometer away from the scene of the incident. Station Officer of Police Station Atarra, Ramji Mishra (PW-5) was present at the police station. Soon after the case was registered, he took up the investigation and examined Rakesh Kumar Singh and Shyam Sundar. He reached at the scene of incident at about 7:30 AM and found dead body of Avadhesh Singh lying on the bench in front of the shop of Badku outside the railway station. He started inquest proceeding and preapred Panchayat nama (Ext.Ka-7), Challan (Ext.Ka-8), Sketch (Ext.Ka-9) and letters (Ext.Ka10 and 11) for postmortem. The dead body was sealed and handed over at 9:00 AM to constable Jagdeo Lal and Jeev Mandal alongwith inquest papers and copies of chik FIR (Ext.Ka-20) and general diary (Ext.Ka-21). The Investigating Officer also recovered from the dead body a pair of sleeper (Ext.Ka-5), blood stained shirt (Ext.Ka6) and prepared recovery memo Ext.Ka-12 and 13 in respect thereof. He also recovered sample boold stained and unstained chips (Ext.Ka-6 and 7) of the bench and prepared memo (Ext.Ka-14) in respect thereof. The Investigating Officer rushed from the scene of occurrence and arrested the accused at about 11:00 or 11:15 AM near the hostel of Degree College and on search found a .315 bore countrymade pistol, two live cartridges and discharged cartridge from the possession of accused Ajai Kumar. The accused were lodged at the police station at 13:15 hours on the same day. The Investigating Officer inspected the scene of occurrence on 18.5.1982, examined witnesses Ramhit Singh, Kishanpal, conducted spot inspection and prepared site plan (Ext.Ka-15) and after concluding the investigation submitted chargesheet (Ext.Ka-16) on 1.6.1982. The autopsy was conducted by Dr. G.J. Gupta, Medical Oficer, District Hospital, Banda (PW-6) at 12:10 Noon on 17.5.1982. The deceased was aged about 18 years and had died about one and half days before.

10. The prosecution in order to bring home its case relied upon evidence of P.W.1 Rakesh Kumar Singh, complainant; P.W.2 Ramhit Singh and Kishan Pal P.W.3. P.W.-1, Rakesh Kumar Singh, had set up the story of the prosecution in all its essential details in the first information report Ext. Ka-1, but was not inclined to support the case in full in his evidence. According to the evidence of P.W.-2, Ramhit Singh, the case of the prosecution had been that Rakesh Kumar Singh, Ramhit Singh, Avdhesh Singh and Shyem Sundar had escorted the Barat party from the house of Raja Singh from village Musasi to Atarra, that they took the Barat party by Bundelkhand Express from Atarra Railway station towards Jhansi, that they got down at the corssing at Khurhand Railway Station and came back by Bundelkhand Express, that they got down at about 4:00 AM at Atarra Railway Station, that the accused accosted Shyam Sundar at the platform and came along with them at the shop of Badku and hurled abuses and that when Avdhesh Singh got up to protest, accused Satish Kumar twisted his hand and got him seated on the bench and that at his exhortation accused Ajai Kumar whipped out a country made pistol and fired at Avdhesh singh and killed him.

11. P.W.1, Rakesh Kumar Singh, in his evidence stated that he along with Avdhesh Singh, Shyam Sundar and Ramhit had come to Atarra to see off the Barat party which was returning after the marriage of sister of Raja Singh of village Musasi, that they went upto Khurhand with the Barat party and returned by another train, that the accused met them at Atarra Railway Station and accosted Shyam Sundar, that they all came along with the accused upto the shop of Badku and sat on the bench lying there, that the accused continued hurling abuses and that Avdhesh Singh got up to protest as to why the accused were hurling abuses. The witness thereafter appeared not inclined to support factum of the actual incident in which Avdhesh Singh was murdered. He stated that thereafter he went away on another shop for getting tea prepared, that in the meantime he heard a gun shot fire, that he rushed and came there and that he saw Avdhesh singh lying dead and the two accused running away. P.W.-1, Rakesh Kumar Singh, further stated that he at once rushed to the police station and lodged written report Ext.Ka-1 and that he had correctly stated in the report as to what he had seen. This witness in the report Ext.Ka 1 had stated that accused Satish Kumar twisted the hand of Avdhesh Singh and that on the exhortation of Satish Kumar, accused Ajai Kumar whipped out a country made pistol and fired at Avdhesh Singh by his chest.

12. PW-2, Ramhit Singh has testified before the Court that he was identifying both the accused Ajai Kumar and Satish Kumar prior to incident and he identified them before the Court. He further stated that informant Rakesh Kumar Singh, who is before the Court is his nephew and deceased Avadhesh Singh was also his nephew. On fateful day marriage of the sister of Raj Singh was scheduled in village Musasi. The groom's party had come from District Jalaun. It was intervening night of 15/16.5.1982. The groom's party went back from Atarra by train. The witness accompanied by Rakesh, Avadhesh (deceased) and Shyam Sundar had come to station to see off the party, which was boarded in the train at around 3:00 AM in the Bundelkhand Express, which was running between Manikpur to Jhansi at Atarra Railway Station. He also boarded the train alongwith Avadhesh, Rakesh and Shyam Sundar and travelled up to Khurhand alongwith groom's party. They disembarked from the train at Khurhand and reached at Atarra Railway Station at 4:00 AM by Jhansi Manikpur Train from Khurhand. Accused Ajai Kumar and Satish Kumar met them at railway station Atarra, who grabbed Shyam Sundar and stated that he is gunda. The witness and his companions objected to this and they walked up to tea shop of Badku while talking together. The shop was closed and light was illuminating on electric poll. They sat on the bench lying in front of the shop. The accused Ajai Kumar and Satish Kumar engaged in abusing throughout whereupon Avadhesh stood up and asked them to refrain from abusing them. Thereupon, Satish Kumar grabbed hand of Avadhesh and twisted it and forcefully made him to sit on the bench and exhorted Ajai Kumar to kill him. Ajay Kumar whipped out a countrymade pistol from his west and pointed out towards left side of his chest and shot a fire. Avadhesh rolled down on the bench and died. The incident was witnessed by the witnesses Rakesh Kumar, Shyam Sundar and one another person named as Krishna Pal. They cried on the incident whereupon the accused persons fled away in southwards of the town. He stayed near the dead body and Rakesh Kumar went to police station Atarra to lodge a report. A Sub-Inspector and constable reached the spot at around 6:00 AM. The witness opened a sealed bundle comprising a pant, bushirt, underwear, banyan and a pair of chappal on which material Ext.1 to 5 were marked. He identified these articles as those worn by the deceased at the time of incident. The witness also stated that the deceased Avadhesh was his real nephew and Rakesh (PW-1) is not closely related to him. In cross-examination this witness denied his statement recorded by the Investigating Officer under Section 161 Cr.P.C. that on that date marriage of his daughter was scheduled in his house and clarified that he stated to Investigating Officer that on that date marriage of his niece was scheduled and he is not aware as to how the Investigating Officer had written in his statement that marriage of his daughter was scheduled. He also denied statement under Section 161 Cr.P.C. that Rakesh Kumar Singh was his 'Bhanja' (sister's son). He also stated that he had told the Darogaji that Satish Kumar exhorted Ajai Kumar to kill Avadhesh by calling his mother's name and if Darogaji has referring the abuse hurled on Avadhesh by some other way, he is not apprised of that. He had stated that he has told the Darogaji that he stayed near the dead body, when Rakesh went to lodge the report at police station, if this fact is not appearing in his statement, he is not able to disclose its reason. Barat had visited the venue of marriage on 13th date by train at Badausa and he had visited the station to receive the barat, which comprise 15 persons. 4 to 5 other persons also accompanied him while receiving the barat. The marriage was solemnized in the intervening night of 13/14.5.1982. The barat was scheduled to depart in the morning of 15.5.1982. One Raghuraj Singh of Musasi had stopped the barat by way of courtesy, when it departed in the morning of 15.5.1982. He had purchased tickets of groom's party up to Jhansi for which money was paid to him by father of Raj Singh, which cost total Rs.156/-. The witness and his 4 companions had not purchased any ticket while returning from Khurhand. There was a crossing at Khurhand railway station and for that reason, the descended from train at Khurhand and went back. There was much rush in the train on that night. He has been posted as police constable and retired 16 years earlier to his statement before the Court. There were a number of passengers in musafirkhana of railway station Atarra on that date. They did not find any police constable at the railway station at the time of incident. They sat on the bench with a view to let the accused move from there. The deceased was sitting on the bench while keeping his face northwards. Shyam Sundar and Rakesh were sitting on the bench by the side of Avadhesh. There was time gap of five minutes between their descending at the platform and commission of the offence. Shyam Sundar also accompanied Rakesh after the incident to lodge the report. The witness denied the defence suggestion that he had not seen any occurrence and the Sub Inspector of Police got written report prepared in consultation with the witness and his companions. He further stated that the accused persons were running shops at Atarra and had seen them at Atarra.