ANIL KUMAR SHARMA - (1.) CHALLENGE in this appeal is to the judgment and order dated 08.04.2003 passed by Additional Sessions Judge, Fast Track Court No.1, Farrukhabad in S.T. No. 257 of 2001, under sections 302, 504 IPC, Crime No. 82/2001, P.S. Shamshabad, District Farrukhabad, whereby both the appellants have been found guilty under section 302 and 302/34 IPC respectively and each of them had been sentenced to imprisonment for life and fine of Rs. 2,000.00 with default stipulation. However, appellant Devendra Singh @ Chhotey u/s 25 Arms Act and Smt. Kanti Devi u/s 504 IPC have been acquitted.
(2.) THE broad essentials of the case as borne out from the FIR and the evidence adduced in the trial Court are that on 07.05.2001 at 2.20 P.M. Samendra Singh s/o Saudan Singh, resident of village Murathi, P.S. Shamsabad submitted a written report scribed by Arvind Kumar s/o Brij Mohan Singh in P.S. Shamshabad, wherein he stated that Smt. Kanti Devi w/o Late Hakim Singh is living as keep with co-villager Devendra @ Chhotey s/o Atar Singh along with her children and today i. e. 07.05.2001 in the morning there was scuffle between his five years' old son Upendra and Raju d/o Kanti Devi aged about 13-14 years and he rebuked both of them. At about 2.00 P.M. he along with his brother Suresh Chandra, mother Smt. Ganga Devi, sister-in-law Smt. Kusma Devi was going to see off sister Krishna Devi. There is a Devi Ji's temple near the house of Devendra Singh and when after Darshan in the temple they were leaving, Kanti Devi started abusing them saying that they have beaten her daughter and she would settle with them today. Smt. Kushma Devi, sister-in-law of the complainant protested on her abuses whereupon Kanti Devi accosting her said 'Devendra, kill her, she should not go back alive'. On this exhortation Devendra came out from the house having country made pistol in his hand and in order to kill, fired shot on Kusma Devi. After sustaining injury she fell down and on commotion Ram Chahete s/o Ram Dularey, Ranvijay Singh s/o Ameer Singh and several other villagers arrived there and both the accused made their escape good towards Pasiyapur. Along with his injured sister-in-law the complainant reached at the police station and submitted his written report, on the basis whereof a case at crime no. 22/2001, under sections 307, 504 IPC was registered at police station. The investigation was entrusted to S.I. R. C. Dixit who interrogated the complainant. Injured Smt. Kusma Devi along with Constable Alim Khan was sent for medical examination. Dr. Umesh Chandra Sachan PW-3 conducted medical examination of Smt. Kusma Devi on 07.05.2001 at 3.30 P.M. in Govt. Hospital, Farrukhabad and he has noted the following injury in medico legal report Ex. Ka-2 of Smt. Kusuma Devi: 1. Gun shot wound of entry 3 cm x 2.5 cm x not probed over right side of abdomen. 14 cm laterally from umbilicus. Margins are lacerated, inverted and echymosed. Multiple pellets wounds having size of 0.5 cm x 0.5 cm around wound are present. Blackening around wound is seen. It contains an area of 10 cm x 8 cm. Gun powder and tattooing not present. Fat and subcutaneous tissue coming out from wound. Advised x-ray. Injury was kept under observation, x-ray was advised and referred to surgeon. In the opinion of the doctor the injury was fresh and caused by a fire arm weapon. The Investigating Officer visited the place of occurrence and prepared site plan Ex. Ka-11 and found an empty cartridge from the spot through memo Ex. Ka-12. He recorded the statement of witnesses and arrested Smt. Kanti Devi on 08.05.2001. Injured Kusma Devi was interrogated by the Investigating Officer in Dr. Ram Manohar Lohiya Hospital, Farrukhabad, however, she succumbed to the injuries on 12.05.2001 at 1.05 P.M. in the hospital. After inquest autopsy was conducted by Dr. J. D. Sharma on 12.05.2001 at 5.15 P.M. He found that 30-years' old deceased was having average built body. Her eyes were closed and mouth was partially open. Dressing bandage over abdomen was present. Needle prick marks on front of left fore arm were found. Rigor mortis was present all over the body. He found the following ante mortem injuries on the person of the deceased: 1. Stitched wound 22 cm along with 16 stitches right side abdomen, 3 cm away from umbilicus. Stitches removed, surgical cat gut stitch present on the peritoneum, omentum, intestines both. Abdomen cavity foul smell fluid present about 600 ml. 2. Surgical stitched wound 10 cm right side on abdomen along with rubber drain tube present. In internal examination both lungs of the deceased were found congested, on cutting pus was present at places, both chambers of the heart were full. Stomach contained 60 ml fluid. In the opinion of the doctor the deceased suffered death due to septicemic shock as a result of peritonitis on account of abdominal injury. After the death of the deceased the case was converted into section 302 IPC on 13.05.2001 and the investigation was entrusted to S.O. Hanuman Prasad Yadav. Sri Yadav on 20.05.2001 seized the blood stained wearing apparel of Smt. Kusma Devi through memo Ex. Ka-8. Accused Devendra Singh was interrogated in the prison and his police custody remand was obtained from the court on 08.06.2001. On 09.06.2001 he was again interrogated at police station. The accused allegedly assured to get the country made pistol recovered, with which he has killed the deceased. He took the police party on Shamshabad-Faizbagh road and from south west corner of guava orchard of Lallu r/o Kuiyan Khera he took out the country made pistol embedded in the earth at 6.45 A.M. Recovery memo was prepared at the spot and weapon was sealed. On the basis of the recovery memo a case under section 25 Arms Act was registered against accused Devendra Singh at crime no. 104/2001 under section 25/27 Arms Act, investigation whereof was entrusted to S.I. R. C. Dixit. The investigation in both the cases culminated in charge sheet against the accused persons.
(3.) AFTER committal of the cases they were tried together by the court of Session. Charge for the offence punishable under section 302 IPC and separate charge under section 25 of Arms Act was framed against the accused Devendra Singh @ Chhotey while Smt. Kanti Devi was charged for the offence punishable under section 302/34, 504 IPC. Both the accused persons abjured the guilt and claimed trial.;