(1.) Both the aforecaptioned appeals, filed at the behest of same appellant, are being decided by this common judgment and order as the challenge made in both these appeals, though pertain to different crimes, is to the same judgment and order dated 8.8.2012/13.8.2012, rendered by the Sessions Judge, Nainital. By the judgment impugned, learned Sessions Judge decided the Sessions Trial No. 32/2009 and 33/2009 together. In Sessions Trial No. 32/2009, two accused persons, namely, Shekhar Joshi and Gopal Singh @ Guddu were tried for the offences under Section 302, 323, 504 and 506 IPC, while in Sessions Trial No. 33/2009 accused appellant Shekhar Joshi was tried for the offence under Section 25 of the Arms Act. At the end of the trial, accused Gopal Singh @ Guddu was acquitted of all the charges levelled against him, whereas accused appellant Shekhar Joshi was found guilty of the offences under Section 302 IPC and Section 25 of the Arms Act and, he was appropriately sentenced to. However, Shekhar Joshi was acquitted from the charge of offences under Section 323, 504 and 506 IPC.
(2.) Prosecution story, as has been divulged in the First Information Report lodged by Balvinder Singh (father of the deceased), is that on 29.8.2008 at about 5 PM, his son Paramjeet Singh along with his companion Sukhveer, on one motorcycle, and Jasvinder Singh and Annu Bhojak, on another motorcycle, were going from Haldwani to Gaulapar. When all these four persons reached at a place known as Poorvi Khera, accused appellant Shekhar Joshi and his cohorts, which were 3-4 in number, stopped their bikes and began to abuse. It soon turned into scuffling. Meanwhile, Shekhar Joshi opened fire resulting into the death of Paramjeet Singh @ Pammi at the spot, while Annu Bhojak became injured. Shekhar Joshi and his companions escaped from the spot after threatening the companions of the deceased. With the aforesaid averments FIR Ex. Ka-7 was lodged at 9.30 PM on the date of incident itself with Police Station Kathgodam (District Nainital), which is situated at a distance of four kilometers from the place of occurrence. Chick FIR thereof is Ex. Ka-2.
(3.) Main accused Shekhar Joshi, who was on bail in another crime, requested the court concerned for cancellation of his bail bond in that crime and went to the jail. The police reached at the spot, but by that time it was dark. So, the inquest report could not be prepared immediately, and the same was prepared on 30.8.2008 between 8 AM to 9.54 AM. This is Ex. Ka-7A. As per the inquest report, Paramjeet Singh @ Pammi died on account of firearm injuries. Autopsy on the person of the deceased was conducted on 30.8.2008 at 12 O'clock in the noon in the Government Hospital, Haldwani. In the opinion of the doctor, the deceased died as a result of shock and haemorrhage due to ante mortem gun shot injuries. Following ante mortem injuries, as recorded in the post-mortem report Ex. Ka-1, were found on the body of the deceased Paramjeet Singh @ Pammi, a youth of 22 years.
(1) Lacerated wound over left flank of abdomen, 11 cm from umbilicus and 9.5 cm from left nipple, measuring 9 x 4 cm x cavity deep, irregular edges with blackening of margins. On exploration, spleen is ruptured, 1.5 litres of blood present in peritoneal cavity, there are multiple perforations, bowel protruding out from wound. In transverse descending loaf of large bowel, one cork like structure and three metallic pallets recovered and sealed.
(2) Multiple lacerated wound over an area of 12 x 10 cm in between left anterior axillary and posterior axillary line of left side chest with blackening around each, 18 (eighteen) metallic pallets recovered from anterior chest wall, on exploration fractured 3rd, 4th, 5th and 6th ribs of left side found, left lung is lacerated and thoracic cavity is filled with blood, 4 metallic pallets recovered from left thoracic cavity.
(3) Seven small lacerated wound over an area of 10 x 8 cm, over dorsum of left hand, seven metallic pallets recovered from subcutaneous tissue and sealed. (4) Lacerated wound over right hand measuring 12 x 10 cm, on dorsum x bone deep, on exploration fractured I, II and III metacarpal bones and fractured ligaments found.;