- (1.) H. C. Mital and U. K. Varma, JJ. Babu Ram, Ram Autar and Chandra Bhan appellants have preferred this appeal against the judgment and order dated 6/9. 1. 79, passed by Sri P. K. Jain, VII Additional Sessions Judge, Farrukhabad, in Sessions Trial No. 59 of 1978. The appellant Babu Ram has been convicted and sentenced under Section 302, I. P. C. to life imprisonment. Ram Autar has been convicted and sentenced under Sec. 307, I. P. C. to five years' rigorous imprisonment and appellant Chandra Bhan has been con victed and sentenced under Sec. 323, I. P. C. to six months' rigorous imprisonment.
(2.) THE facts of the case, in brief, are that on 22. 11. 77 at about 10. 00 a. m. accused Babu Ram alias Lalley and Chandra Bhan, both sons of Shiv Dayal, were taking water to their field from the tube-well of appellant Ram Autar through in front of the door of the complainant Babu Ram son of Pearey Lal. Smt. Swet Kumari, aunt of the complainant Babu Ram P. W. 1 objected to it, thereupon appellant Chandra Bhan gave a Danda blow on her head. THEreafter a quarrel ensued and the parties quarreling reached in front of the house of Sia Ram and Mewa Ram Kachi where appellant Babu Ram brought a gun of his brother from his house and Ram Autar brought a pistol and then challenged the prosecu tion witnesses and said that they would shoot if any one objected to the flow of water. Even the Ramendra Prasad, brother of Babu Ram objected that they would not permit the flow of water. P. W. 1 Babu Ram, the complainant, and Om Prakash also brought out lathis and challenged the appellants. THEreupon appellant Ram Autar fired a shot from his pistol causing pellet injuries to Ramendra Prasad, Om Prakash, Jai Prakash, Smt. Shanti Devi, Ved Prakash, Smt. Ram Beti and Smt. Long Sari. THEy all then started running and then Babu Ram appellant fired a shot from his gun which caused fatal injuries on the back of Ramendra Prasad, who fell down dead on the platform infront of the house of Mewa Ram. Ext. Ka 1, the first information report, was lodged at police station Kamal Ganjon the same day at 11. 30 a. m. at a distance of 2 miles. Thereafter investigation started. The dead body of Ramendra Prasad after preparation of inquest report was sent for post-mor tem and the injured were sent for their medical examination. After completion of the investigation the appellants were prosecuted and to prove its case the prosecution examined in all 8 witnesses of whom P. W. 1 Babu Ram, P. W. 2 Shiam Baboo and P. W. 3 Om Prakash are the eye-witnesses of the occurrence and they corroborated the prosecution case. P. W. 4 Dr. H. B. Singh had examined the injured on 22. 11. 77 from 2. 25 p. m. to 3. 40 p. m. and noted the following injuries on their persons: Injury of Mahesh Chand (Vide Ext. Ka 2) An abraded contusion 1 cm x o. 5 cm on the top of right shoulder. Injury of Ved Prakash (Vide injury report Ex. Ka 3) Gun shot wound of entry on medial side on forearm, 18 cm below the elbow joint round in shape 0. 2 cm in diameter, 1 cm deep, margains inverted. No blackening or tattooing or scorching. Injury of Om Prakash (Vide injury report Ext. Ka 4) Gum shot wound of entry on upper part right side abdomen 1 cm from mide line, 16 cm above the mid line, round in shape, 0. 1 cm in diameter, probing could not be done, margins inverted. No blackening, tattooing or scorching. Injury of Jai Prakash (Vide injury report Ext. Ka 5) 1. Gun shot wound of entry on right back of head 4 cm above the pinna or right ear, 0. 1 cm in diameter, 0. 5 cm deep. No blackening, tattooing or scorching present. 2. Gun shot wound of entry on right side of head 6 cm above injury No. 1, round in shape, 0. l cm in diameter, 0. 5 cm deep. No blackening, tattooing or scorching present. 3. Gun shot wound of entry on left side of head 9. 5 cm above the pinna or left ear, round in shape, 0. 1 cm in diameter. No blackening, tattooing or scorching. Injury of Smt. Ram Beti (Vide injury report Ext. Ka 6) Abrasion 1 cm x 1 cm on middle 3rd part of front of thigh. Injury of Smt. Shanti Devi (Vide injury report Ext. Ka 7) Gun shot wound of entry on lower part right side back, round in shape, 0. 2 cm in diameter, 0. 5 cm deep, margins inverted. No blackening, tattooing or scorching present. Injury of Smt. Swet Kumari (Vide injury report Ext. Ka 8) Lacerated wound 6 cm x 1 cm x up to bone on right side of head, 8. 5 cm above right eye brow.
(3.) IN the opinion of Dr. Singh all the injuries were fresh. They were caused the same day at about 10. 00 a. m. P. W. 5 Dr. V. K. vatsal had done the autopsy on the dead body of Ramendra Prasad on 23. 11. 77 at 12. 30 p. m. and prepared the post-mortem report Ext. Ka 9 and noted as follows:;