ANIL KUMAR SHARMA, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 21.2.2003 passed by the Additional Sessions Judge, Court no. 8, Ghaziabad in S.T. No. 285 of 2001, State Vs. Rakesh and another, under section 302 IPC (crime no. 806 of 2000) and S.T. No. 429 of 2001, State Vs. Rakesh, under section 25, Arms Act ( crime no. 807 of 2000), whereby the appellant has been found guilty under section 302 IPC and 25, Arms Act and he has been sentenced to imprisonment for life with fine of Rs. 10,000.00 and two years' RI under section 25, Arms Act with fine of Rs. 2000.00 with default stipulations.
(2.) BRIEFLY stated the prosecution story is that deceased Mangat Singh was working as Postman in Post Office Ghaziabad City. On 4.12.2000 at about 10.45 A.M. some person is said to have enquired about Mangat Singh from Yogesh in the Post Office, who in turn informed Mangat Singh that someone has come to meet him. Mangat Singh went outside the post office and near tin shed of cycle stand, a fire was shot on him and he died on the spot. Officials and employees of the post office chased the assailant and apprehended him inside the premises of the Post Office armed with two country made pistols. On interrogation, he disclosed his identity as Rakesh son of Khajan Singh Thakur, resident of Rasoolpur, Police station Aarnia, Bulandshahr. Sri T.D. Chopra, Sub Postmaster, Ghaziabad City Post Office, Bajaria, sent a written report of this incident through official Sri Ganga Sharan, Krishna Prasad, Yogendra alias Yogesh Kumar and Kishan Pal alongwith the accused and two country made pistols recovered from his possession. On the basis of this written report, case at crime no. 806 of 2000 under section 302 IPC and crime no. 807 of 2000, under section 25, Arms Act, was registered the same day at 11.20 A.M. at police station Kotwali, Ghaziabad. Investigation of the cases was conducted by S.S.I. Har Prasad Singh. He reached at the spot and prepared inquest of the dead body of Mangat Singh and alongwith usual papers sent the same in sealed condition for postmortem examination.
(3.) DR . J.R. Jiani conducted autopsy on the cadaver of the deceased at 4 P.M. On 4.12.2000. The doctor found that 46 years' old deceased was of average built, rigor mortis was present all over the body. He found the following anti mortem injuries on his person : 1. Gun shot wound of entry 1cm x 1 cm communicating to injury no. 2 on right side of base of head/occipital region 8 cm below to right ear. Blackening and tattooing present, 2. Gun shot wound of exit 6 cm x 3 cm x communicating to injury no. 1 on left side of upper part of neck just below ear, underneath -mandible mastoid bones are found fractured. On internal examination, mandible and mastoid bone and base of neck were found fractured. 120 gms. of semi digested food was found in the stomach of the deceased. In the opinion of the doctor, the deceased had died about 1/4th day before due to shock and hemorrhage, as a result of anti-mortem injuries. ;