Akil Abdul Hamid Kureshi, J. - (1.)THIS appeal is filed by the original accused No. 2 in Sessions Case No. 114 of 1995. He alongwith eight other accused were charged with offences punishable under Sections 147, 148, 149, 324, 307 and 302 of IPC and Section 135(1) of the Bombay Police Act. Accused No. 1 expired during the trial. All, except accused No. 2, were acquitted by the learned Additional Sessions Judge, Ahmedabad (Rural) by judgment dated 27.04.2007. Charge of forming unlawful assembly was not believed. Accused No. 2 was, however, convicted for offences punishable under Sections 302 and 307 of IPC. For offence under Section 302, he was sentenced to life imprisonment and awarded fine of Rs. 1,000/ -. For offence under Section 307, he was sentenced rigorous imprisonment of seven years and ordered to pay fine of Rs. 1,000/ -. Both sentences were made concurrent.
(2.)BRIEFLY stated the prosecution version was that, the original accused belonged to Koli Patel community. The complainant and the eyewitnesses as well as the deceased belonged to Bharwad community. Both were residents of village Bhamsara, Tal. Dholka Dist. Ahmedabad. At about 10.30 p.m. on 15.05.1995, there was quarrel going on near the house of one Karsanbhai, a koli patel. The complainant and other bharwads who were either present or were in the nearby area rushed there. Soon, accused No. 2 Pratap Gandabhai fetched his licensed double barrel 12 bore gun and fired from close range of about 10 feet towards Arjan Kamabhai and other bharwads present there. The pellets hit Arjan Kamabhai and also caused injuries to Dahyabhai Ogadbhai P.W. 1 Exh. 72. He fired yet again but apparently, the second pellet did not cause any injuries. Arjan Kamabhai shortly died on the spot. There were cross cases since there was counter complaint of assault and injuries caused by the complainant side also. All the accused were, however, in such case, acquitted. We may briefly summarize the evidence on record. Dr. Ramanbhai Raijibhai Bharwad, P.W. 11 Exh. 112 was the Medical Officer at Bavla Community Health Center. He had carried out the postmortem of deceased Arjan Kamabhai on 16.05.1991. In the postmortem note Exh. 114, he had recorded following external ante mortem injuries:
"1. Rounded hole about 1.5 cm radius is situated at splenic area penetrating 9th 10th rib just above mid axillary line.

2. Multiple pellets wounds are surrounding the above wound and causing impression of black tattoo marks."

(3.)THE internal examination revealed that the stomach was penetrated by bullets just above mid axillary line. From the intestine, he recovered plastic cap ruptured by pellets. The liver and spleen were also ruptured by multiple pellets. According to him, the cause of death was due to severe hemorrhagic shock as a result of rupture of spleen, stomach and liver which led to sudden cardiac arrest as a result of bullet and multiple pellets injury. In his opinion, such injuries were caused by pellets of a bullet.
On the same day, he had also examined injured Dahyabhai Ogadbhai and gave his injury certificate Ex 116. In such certificate, he noted following injuries:

"1. Pellet injury on right lower chest. There is fracture of 9th rib clinically and swelling on medical side of ante axillary line.

2. Pellet injury on right hypochondrial region, small wound of tattoo mark about .5 cm x .5 cm x 1 cm in size."

The injured was treated as an indoor patient for 23 days. In his opinion, if the rib -bone had not come in the way, the pellets could have caused death. Such injuries could be caused by a bullet of the 12 bore gun which was shown to him.

In the cross -examination, he agreed that on the same day, he had also examined accused Pratap Gandabhai. Left eye of Pratap Gandabhai was red. He complained of pain on the left shoulder. He had given injury certificate Exh. 118 in this regard in which, he had recorded red left eye and tenderness on the left shoulder joint. He, however, denied that the patient desired to go to Civil Hospital for further treatment or apprehended that, due to the injury, he would lose his eye sight.