- (1.) The appellants have challenged the judgment and order dated 18.12.2007 passed by Addl. Sessions Judge Court no.1, Shahjahanpur in S.T. No. 282 of 2002 State Vs. Kallu and another (crime no. 6 of 2002) u/s 302, 307 IPC, and S.T. no. 976 of 2002 State of Kallu u/s 25 Arms Act (crime no. 31/2002) whereby all the three accused-appellants aforesaid, have been found guilty for the offence punishable under section 302/307 IPC and each appellant has been sentenced to imprisonment for life and fine of Rs. 5,000/- each u/s 302/34 IPC and 10-years R.I. u/s 307/34 IPC and fine of Rs. 2000/- each with default stipulation. Accused Kallu had been further found guilty u/s 25 Arms Act and sentenced to undergo R.I. for two years and fine of Rs. 1,000/- with default imprisonment for 15 days. All the sentences were to run concurrently.
(2.) Succinctly stated the prosecution story is that on 4.1.2002 at 7.00 p. m. Dragpal Singh s/o Nanhey Singh r/o village Barua Khurd P.S. Kant, District Shahjahanpur submitted a written report at P.S. Kant stating that about nine months ago his brother Surnedra singh lodged a report of theft against Nanhaku Singh @ Dinakku Singh of his village and they were challaned. They bore enmity with the complainant on this count. On 2.1.2002 his animals entered in the field of Dinakku Singh and then he came to his brother for protest and then hot words and abuses were exchanged. Dinakku Singh threatened Surendra Pal Singh to see him very soon and due to this enmity Dinakku Singh, his son Kallu and associate Jageshwar s/o Sivraj Singh wanted to eliminate Surendra Pal Singh. The report stated that today at about 5 p.m. Surendra Pal Singh and Ram Gopal brothers of complainant and his nephew Shyam Singh and his son Avanish were returning from their fields and when they reached in front of the house of Dinakku Singh, he with licensed SBBL gun, Jageshwar with licensed gun and Kallu with country made pistol in order to kill them opened fire. His brother Surendra Pal and Ram Gopal sustained injuries. Surendra Pal instantaneously died at the spot. At the time of incident co-villagers Ram Pher s/o Nawab Singh and Bade Singh s/o Vishram Singh and several others arrived at the scene of occurrence and challenged the accused who making fires and threatening to kill if any body depose against them he would also be killed, made their escape good. Along with injured brother Ram Gopal, the complainant reached at the police station and submitted report, on the basis whereof case at crime no. 6/2002 u/s 302/307 IPC was registered. S.O. Purshottam Sharan took over the investigation and after interrogating the complainant he reached at the spot and collected samples of simple and blood stained earth. Two empties were also recovered from the spot. These articles were sealed through memo Ex. Ka-3 and Ka-4. Thereafter he prepared inquest of the cadaver of the deceased and along with usual papers sent the dead body for autopsy in sealed condition.
(3.) Injured Ram Gopal was examined by Dr. Sudhir Kumar Yadav, E.M.O. District Hospital, Shahjahanpur on 4.1.2002 at 8.00 p.m. and he found the following injuries on his person: 1. Multiple fire arm wounds of entry on the whole of abdomen and inguinal area on the front in an area of 37 cm x 28 cm. Size of individual wounds varying from 0.3 cm x 0.25 cm x depth not probed to 0.4 cm x 0.3 cm x depth not probed. Fresh blood is oozing on the wounds. No exit wound seen. Edges inverted. No blackening/ tattooing seen. Wounds are oval to round shape. 2. Multiple fire arm wounds on the dorsum of left hand in an area of 18 cm x 10 cm in size. Depth not probed but size varying from 0.3 cm x 0.25 cm to 0.4 cm x 0.3 cm. Oozing of blood seen. No blackening/tattooing seen. 3. Multiple fire arm wounds of entry on dorsum of right hand in an area of 8 cm x 6 cm size varying from 0.3 cm x 0.25 cm to 0.4 cm x 0.3 cm. Oozing of blood seen. No blackening /tattooing seen. General condition of the patient was very low. B.P. and pulse were not record able. B.S. Absent and abdomen showed muscle gasting. In the opinion of the doctor all the injuries were grievous in nature. Duration was fresh and caused by some fire arm weapon. The patient was admitted and x-ray was advised. Dr. A. K. Singh conducted autopsy of the dead-body of Surendra Pal Singh on 5.1.2002 at 4 p.m. He found that the 40-years' old deceased was having average built body. Rigor mortis was present in all found limbs. He found the following ante-mortem injuries on his person: 1. Multiple firearm arm wound of entry size 0.3 cm x 0.3 cm x brain to muscle deep on head, right side face in area of 28 cm x 25 cm. No blackening or tattooing. 2. Multiple fire arm wound of entry size 0.3 cm x 0.3 cm x muscle deep on upper part of chest, right shoulder, right arm and upper half of front of fore arm area of distribution 40 cm 50 cm. 3. Abrasion size 0.5 cm 0.5 cm on front of left thigh 6 cm above knee. 4. Three fire arm wound of entry on front of right thigh size 0.3 cm x 0.4 cm x muscle deep to skin 6 cm above knee. 5. Four fire arm wound of entry on lower abdomen size 0.3 cm x 0.3 cm x muscle deep. 6. Abrasion size 3 cm x 9.3 cm on lower lateral right aspect of right chest. In internal examination the doctor recovered 16 small metallic pellets from the body - five from head and face, seven from chest, arm and fore-arm, two each from right thigh and abdomen. Both the lungs, pleura, spleen and kidneys were lacerated. 150 Gms semi-digested food was found in the stomach. In the opinion of the doctor, the deceased suffered death about a day before due to coma as a result of fire-arm injuries.;