- (1.) These two criminal appeals have been filed against the judgment and order dated 17.3.2007 passed by the Sessions Court No. 9, Meerut in Session Trial No. 71 of 1999, State v. Narendra & another. The appellant Narendra has been convicted for an offence under Section 302, I. P. C. and has been sentenced to undergo rigorous imprisonment for life. Sanjay has been convicted for an offence under Section 302, I. P. C. read with Section 34, I. P. C. and sentenced to life imprisonment. Both have been convicted for an offence under Section 307 read with Section 34, I. P. C. and have been sentenced 10 years imprisonment with a fine of Rs. 5,000/- each and in default to undergo one year additional rigorous imprisonment. Both the appellants have also been convicted for offence under Section 452, I. P. C. and sentenced to three years rigorous imprisonment with a fine of Rs. 1000/- each and in default to undergo six months rigorous imprisonment. All the punishment are to run concurrently. Facts as disclosed by the prosecution are as follows: On 11th August, 1999, the informant Pratap is stated to have lodged a First Information Report at police station Sardana, District Mau alleging that his uncle Roop Singh S/o-Jhandu Singh and his wife Smt. Sheela were sleeping at the Chowk of their house. A lantern was burning. At about 3:00 a.m., three persons with country made pistol in their hands reached at the place where Roop Singh and his wife were sleeping and with an intention to kill opened fire upon them. Roop Singh as well as Smt. Sheela were injured because of the said firing. On hearing the gun shots, the informant and several other persons of the village, namely, Gajendra S/o Hukum Singh, and Ompal S/o Ram Chander reached the place of occurrence. From the light that was available due to the burning of lantern and torch they saw and identified the assailants, who were running from the site. It was also disclosed in the F. I. R. that the firing has taken place because of enmity which was caused due to certain transactions of land. A First Information Report was lodged on 13.10.1998 being Case Crime No. 387 of 1998 was registered under Section 307/452, I.P.C. was registered and Chik F. I. R. No. 252 was prepared on the same day and recorded in G.D. No. 4. Injured Smt. Sheela and Roop Singh were medically examined at the Primary Health Centre Sardana Meerut. The Medical Officer submitted the injury report which was marked as Exs. Ka 3 and 4. Investigation of the offence was done by S. I. C. P. Singh.
(2.) On 13th October, 1998, information was supplied at police station Sardana that Roop Singh, who had suffered a gun shot injury on the head and was treated upon at Safdarjung Hospital Delhi and after operation was performed upon him, he was brought to the village on 25.9.1998 and when Roop Singh was again being taken to Delhi for medical examination by Ram Pal and Virendra along with driver Sonu in a vehicle bearing registration No. UHD 8246, he expired because of the injuries earlier suffered by him at 2 p.m. on 13.9.1998. The information of death of Roop Singh was recorded in G. D. No. 13 and the offence was converted under Section 302, I.P.C.
(3.) Inquest of the dead body of Roop Singh was prepared and marked Ex. Ka 13. The dead body was sent for post mortem.;