ANIL KUMAR SHARMA,J. - (1.) IN both these appeals, the appellants have challenged the judgment and order dated 5.4.2003 passed by Sri K.K. Pandey, the then Additional Sessions Judge/Fast Track Court no. 5, Gorakhpur in S.T. No. 506 of 2001, whereby all the three accused-appellants aforesaid, have been found guilty for the offence punishable under section 302/34 IPC and each appellant has been sentenced to imprisonment for life and fine of Rs. 10,000/- each with default stipulation.
(2.) THE prosecution story, in brief, is that Smt. Renu Singh P.W.1 resident of village Barahi, Police Station Jhagha, District Gorakhpur, submitted a written report scribed by Vinay Kumar Singh at Police outpost Barahi on 29.5.2001 at about 5.45 P.M. wherein she stated that Pradhan Sadhu Sharan Yadav is inimical to them on account of old land dispute etc. and they used to threaten her husband for life. On 29.5.2001 at about 5.15 P.M. when her husband Kapil Dev Singh along with son Chandra Prakash, co-villager Ajay Singh after purchasing vegetables from the market, reached in front of the house of Balbhadra Kurmi, they were intercepted by Sadhu Sharan Yadav, Onkar Mishra and Sanjay Mishra, both sons of Jai Govind Mishra, who were waiting from before and on the exhortation of Sadhu Sharan Yadav, he and Sanjay Mishra caught hold her husband and Onkar Mishra with country made pistol fired shot from close range on the face of her husband who immediately died on the spot. On the hue and cry raised by her son and Ajay Singh, several people arrived there and saw the incident. The accused persons made their escape good towards southern window of her house and she had also seen them running through the window. Her son Chandra Prakash crying came back home and narrated the entire incident to her whereupon she dictated report to Vinay Kumar Singh son of Dina Nath Singh, resident of village Chithari and submitted at Police outpost Barahi. Report of the complainant was taken down by outpost Barahi and case was registered at crime no. nil which was later on noted as crime no. 210 of 2001, under section 302,506 IPC, at Police Station Jhagaha, District Gorakhpur. Investigation of the case was taken up by S.O. Raghubir Singh, who getting information of the crime through R.T. Set, reached at the spot and interrogated the complainant. SI R.C. Yadav conducted inquest proceedings of the deceased on his instructions at 7.30 P.M. and he sent the dead body for postmortem examination through constables Ram Dularey and Munnu Prasad in sealed condition alongwith usual papers. Dr . Surendra Deo conducted autopsy on the cadaver of the deceased on 30.5.2001 at 5 P.M. He found that 32 years' old deceased was average body built, rigor mortis was present in all the limbs, eyes and mouth were closed. The doctor found the following ante mortem injury on the person of the deceased : "Gunshot entry 5 cm. x 3cm.on left side face just lateral to nose on cutting upper jaw and skull base was fractured. 13 small metallic pellets and two plastic wading in pieces were found in the wound. There is no wound of exit present. Blackening and charring present." In the opinion of doctor, the deceased suffered death due to head injury about a day before.
(3.) ERE that Investigating Officer visited the place of occurrence, prepared site plan and also collected plain and blood stained earth from the spot and sealed them in different containers through memo Ex. Ka-11. On 30.5.2001 he interrogated witnesses Chandra Prakash and Ajay Singh. The earth collected from the spot and apparels of the deceased were sent for examination to Forensic Science Laboratory, Lucknow and its report is Ex. Ka-13. Investigation of the case ended in charge sheet against the accused persons. After committal case to the Court of Session, charges for the offence punishable under sections 302/34 and 506 IPC were framed against all the accused appellants who abjured their guilt and claimed trial.;