J.C.GUPTA,J. - (1.) APPELLANT Bhoop Singh alias Bhoopay alias Bhupendra Singh was tired alongwith Narendra alias Nanda, Ram Autar and Inder Pal for the offence of murder of deceased Kunwar Pal. Though other three accused persons have been acquitted but the appellant has been found guilty under Section 302 and sentenced to imprisonment for life by the then III Addl. Sessions Judge, Ghaziabad by the judgment and order dated 21 -10 -1980 in Sessions Trial No. 197 of 1977.
(2.) BEFORE we come to the prosecution story it will be useful to have a look at the following pedigree which will indicate that the witnesses, deceased and the accused persons were related to each other and were descendants of a common ancestor: - The prosecution case as revealed in the First Information Report is that about one and half years before the present occurrence Smt. Jogendrawati wife of Shri Vijai Pal had executed a sale deed of six Bighas of land in favour of Om Prakash, PW -5 which was not liked by Tej Pal and Sheoraj Singh, younger brothers of the husband of Smt. Jogendrawati. Tej Pal and others were suspecting that Kunwar Pal deceased of the present case and his cousin Om Prakash were instrumental in getting the land transferred from Smt. Jogendrawati and on account of this suspicion they were having a grudge against them. They got objection filed in the mutation proceedings through Smt. Krishna, daughter of Jogendrawati. A day before the present incident, date was fixed before the Dy. Director, Consolidation, Meerut in the mutation case. It is further alleged that on 10 -1 -1976 at about 9.30 in the morning Kunwar Pal deceased alongwith Om Prakash, PW - 5 Nain Singh, PW -7 Gajraj Singh, Ranveer Singh, PW -4 Chand Roop Singh PW -8 and Jamadar Singh PW -1 were chatting with that other in the Baithak of Nain Singh. Accused Bhoop Singh armed with licensed gun of his father, alongwith his real brother Narendra alias Nanda who was armed with a country made pistol came there. They were accompanied by co -accused Ram Autar and Inder Pal. They started abusing PW -5 Om Prakash and deceased Kunwar Pal. Kunwar Pal remonstrated and asked the accused persons to stop hurling abuses whereupon accused Ram Autar asked accused Bhoop Singh alias Bhupendra to open fire. Bhoop Singh then fired a shot on the chest of Kunwar Pal which hit him. Kunwar Pal fell on the ground and died an instant death. Thereafter two more shots were fired. Incident was witnessed by the aforesaid persons. Leaving dead body on the spot in the care and custody of villagers, Jamadar Singh PW -1 lodged written report Ex. Ka 1 in the same afternoon at 12.10 p.m.
(3.) SUB -Inspector Jitendra Pal Singh Yadav PW -9 was present at the police out post Dhaulana when First Information Report of Jamadar Singh was registered. He took up the investigation and recorded statement of the first informant. Thereafter he proceeded to the scene of occurrence. On reaching there he found dead body of Kunwar Pal in the Courtyard of Nain Singh's house which place has been shown by letter 'D' in the site plan Ex. Ka 7 prepared by him on spot inspection. He also recorded the statement of Nain Singh and Om Prakash. He also collected plain and blood stained earth from near the door of Nand Singh's house through memo Ex. Ka 3. That place has been indicated by letter 'G' in the site plan. He further collected and took into his custody three empty cartridges from the lane running in the north of Chabutra of Om Prakash, PW -5 which place is shown by letter 'H' in the site plan. In the presence of witnesses the Investigating Officer conducted inquest and got sent dead body of Kunwar Pal to mortuary for post mortem examination. The Investigating Officer then made a search for accused persons but could not find them. Richhpal Singh father of accused Bhoop Singh deposited his licensed gun in the Court of Judicial Magistrate, Hapur. Same was taken into custody and was kept under seal. This gun alongwith three empty cartridges recovered from the scene of occurrence were sent to Ballistic Expert and as per the statement of the Investigating Officer given before the trial Court the report of Ballistic Expert was to the effect that the empty cartridges had not been fired from the gun of Rich Pal Singh. However, no report of Ballistic Expert was brought on record from the prosecution side.;