KANTA BHATNAGAR,J. - (1.)THIS appeal is directed against the judgment passed by the learned Sessions Judge, Sri Ganganagar dated January 19, 1979 by which appellant Rameshwar Lal was convicted for the effences under Sections 302 IPC and Section 27 of the Arms Act and was sentenced to imprisonment for life on the first count and two years R.I. on the second count. Appellants Pokar Ram and Manoharlal were convicted for the offences under Sections 302/34/149 IPC and sentenced' to imprisonment for life.
(2.)BRIEFLY stated the prosecution case giving rise to this appeal are as under: Rameshwar Lal appellant happens to the husband of. deceased Smt. Imanti and Pokar Ram was her father -in -law. Appellant Manoharlal was the nephew (Bhanja) of appellant Pokar Ram. Relations between Smt. Imanti and her husband Rameshwar had become strained since long. She was frequently residing with her brother Balveer Singh (PW 3) at Sadul Shahar. She was occasionally coming to her 'dhani' near village -Dulpura and was getting the fields cultivated. Her son Sandeep Kumar (PW 1) was staying with Balveer Singh (PW 3) and was studying there. While she was staying at her 'dhani' Sandeep Kumar (PW 1) used to visit her sometimes on Siturday and staying there on Sunday. On February 26, 1978 Mst. Imanti along with Sandeep Kumar left Sadul Shahar in the morning and went to Ganganagar. She purchased medicines for her. Both of them went to Banwali Station by train and got down there. They then went to their 'dhani' near village Dulpura. At about 7.00 P.M. Smt. Imanti came out of the 'dhani' to attend the call of nature. Pokhar Ram and Manohar Lal surrounded her. Manoher Lal raised a cry that she should be caught hold of. Mst. Imanti ran away from there but was chased by the aforsaid two appellants. Manohar Lal and Pokhar Ram inflicted lathi blows on her. Rameshwar Lal appellant, husband of Smt. Imanti also came out of his father's'dhani'Pokhar Ram instigated biro to fire the shot towards Smt. Imanti. When these persons had reached near the field where wheat crop was standing Manohar Lal and Pokhar Ram caused lathi blows to her. Rarneshwar Lal fired a shot towards her. He then fired the second shot which hit her. Mean while Sandeep Kumar (PW 1) had also come out of the 'dhani' and saw her monther being chased and Manoharlal and Pokhar Ram inflicting lathi blows and Rarneshwar Lal fifing the shot. Sandeep Kumar got frightened and ran away from the site. He went to the house of Sohan Lal Khichad and informed him about what had happened. Sohanlal Khichad asked him to tell the facts to his uncle (Tau) Govindji. Sandeep Kumar did so. Both of them asked Sandeep Kumar to call his maternal uncle in the morning but he refused to go anywhere in the night because of fear of being killed. Sandeep Kumar stayed at the house of Sohanlal Khichad in the night and left for Sardar Shahar by morning train. He informed Balveer Singh (PW 3) about the murder of his mother. Balveer Singh went to village -Sito to bring his elder brother Jagmohansingh. Balveer Singh, Jagmohansingh and their mother along with Sandeep Kumar went to the the 'dhani' of Smt. Imanti at village -Dulpura.
At about 5.30 A.M. on February 27, 1978 a report was lodged by Ramehwar lal appellant before the Station House Officer Hanumaqdas, (PW 6) of Police Station Sadar Ganganagar. Case under Section 302 IPC was registered. The SHO telephonically informed the Circle Officer and accompanied him to the site with Rarneshwar Lal. At about 6.00 A.M. at the instance of Rameshwar Lal the SHO prepared the site plan (Ex. P/10) and site inspection memo (Ex. P/10A). He prepared the inquest report (Ex. P/3). One 'danda' about 1 -1/2 feet in length stained with blood was lying near the dead body of Smt. Imanti. One 'Chunni' was lying at the site which was taken in possession vide memo Ex. P/5 and was sealed then and there. Five broken 'teeth', two empty cartridges of 12 bore gun and two other cartridges were found at the site Pieces of bangles and wads found at the site were also taken in possession vide memo Ex P/6. The SHO interrogated some persons at the site. He took witnesses to the Police Station for recording their statements. The dead body of Smt. Imanti was sent to the Medical Jurist, Ganga Nagar Hospital for post mortem examination. Rarneshwar Lal appellant was taken to Police Station where he was arrested vide memo Ex. P/11. The statements of the witnesses were recorded at the Police Station.

(3.)DR . Rajendra Prasad Gupta (PW 5), Medical Jurist, Government Hospital, Ganganagar conducted the autopsy over the dead body of Smt. Imanti on February 28, 1978 and observed as under:
The deceased was of normal built, rigor mortis was present in the lower extrimity and both the hands, hands were clenched, hair were present in the left hand, cogulated blood was present on the scalp, face and extremities. Post mortem staining was present on the back of the neck, chest, head and extremities. Under the brassery of the left side one handkerchief, one five rupee note, one rupee coin, two tickets and five shots were recovered. Eyes were do or pupilswere dilated. Brain and membranes were pale and healthy. Fracture of the spine of the dorsa vertebrae of the left side of the 4th, 5th, 6th and 7th present There was blood in the thoracic cavity, ribs of the left side were fractured from No. 1 to 7. Ribs of the right side were fractured from No. 4 to 8. There was a lacerted wound of 1' x 1/2' size in the right diapharaom. Pleurae of both the sides was lacerated antero posteriorly on the right side in the area of 3' x 2' x through and through on the left side 4' x 2 1/2' x through and through. Right lung pale color, lacerated wound of 4' x 2 -1/2' in size x through and through in both the lobes. Left lung was pale and was lacerated through and through. There was a lacerated wound of 2' x 1/2' size in the pericardium. There was a lacerated wound of 3'x 1/2' size x through and through, antero - posteriory in the heart. Blood vessels were ruptured at their site origin from the heart. Abdominal walls were healthy. There was a lacerated wound 1' x 1/2' size on the peritoneum covering right lobe of the liver. There was liquid in the stomach. Small and large intestines were empty and healthy. There was a lacerated wound of 1 -1/2' x 1/4 x 1' size on the supro anterior surface of the right lobe of the liver. Spleen and kidney were pale, bladder was empty and external genital organs were healthy There was fracture of right unla bone aid left mendible.