M.C.JAIN, J. - (1.) SRI Ram Jeewan Gupta, the then 2nd Additional Sessions Judge, Kanpur Dehat has convicted ac­cused-appellant Riyazat Ali under Section 302 I.P.C. He has sentenced him to death and to pay a fine of Rs. 5000/- within three months or to undergo rigorous imprison­ment for six months in default. He has made reference under Section 366 Cr. P.C. to this Court for confirmation of the death sentence passed by him. The accused- ap­pellant has also preferred appeal against his such conviction and sentence passed.
(2.) IT was a double murder case of one Mushtaq aged about 35 years and Km. Reshma aged about 13 years (own daughter of the accused- appellant). The incident took place on 9-5-96 at about 10.00 a.m. in Mohalla Takia Gausganj, Police Station Musa Nagar, Kanpur Dehat. The report was lodged by Smt. Julekha Khatoon PW 2 wife of deceased Mustaq the same day at 10.40 a.m. after getting it scribed by one Abdul Khalil. The distance of the Police Station from the place of occurrence was about 2 furlongs. The prosecution case was that the accused-appellant was a weight lifter with the deceased Mushtaq in Radhey Govind Dal Mill. About six months before the incident the mill owner had dismissed the accused-appellant for his allegedly being involved in some theft. The accused-appellant laid blame against the deceased Mushtaq that he was responsible for his dismissal. The accused-appellant also held out on 9-5-96 at about 10.00 a.m. that deceased Mushtaq had developed illicit relations with his (ac­cused-appellant Riyazat Ali's) daughter Reshma. Mushtaq questioned back as to why he (accused-appellant) was defaming him. Thereupon, the accused- appellant lost his temper and retorted back that he would kill him as well as his daughter Reshma. Niyamat Ali P.W. 1, Smt. Julekha Khatoon P W 2, Kazim Ali and some other residents of the locality had come when such altercation was taking place between the accused-appellant and deceased Mushtaq. The accused-appellant quickly went to his house and re-appeared with a country-made pistol and cartridges. He opened fire on Mushtaq in front of the shop of Shyamu and then he proceeded to the house of his own Sadhu Imami and shot his own daughter Reshma. He flaunted his weapon that he would kill anyone daring to catch him. He then ran away towards Musa Nagar Garh. Mushtaq and Reshma were admitted in the Hospital in injured condition. Reshma was medically examined the same day at 1.45 a.m. by Dr. K.K. Srivastava CW1. As per her injury report Ka-22 the following injuries were found on her person: 1. Firearm wound of entry 3 cm x 2cm x cavity deep omentum coming out on midline of front of abdomen in epigastric region 7 cm above from umbilicus at 12 O'clock position, margins inverted, blood oozing out. Blackening and tattooing present on whole of abdomen including lower part of chest in an area 30 cm x 22 cm, kept under observation. 2. Firearm wound of exit 0.75 cm x 0.5 cm x cavity deep on right side back, 4 cm above from iliac crest 8 cm away from midline of back. Blood oozing out. Margins everted. Injury kept under observation.
(3.) THE injuries had been caused by firearm. They were fresh. She died the same day at 3.20 p.m. The post-mortem over her dead body was conducted on 11-5-96 at 11.00 a.m. by Dr. Narendra Kumar Jaiswal PW 6. The following ante-mortem injuries were found on her person: 1. Firearm wound of entry 2cm x 2cm x 6 cm above the umbilicus, in epigastrium area, blackening, tattooing and charring present around the wound. Margins inverted. 2. Firearm wound of exit 1.5 cm x 1.5 cm right side back. ;