- (1.) THE sole appellant Satish, through instant appeal, has challenged his conviction under section 302 I.P.C. and imposed sentence of life imprisonment therefor, recorded in S.T. No.33 of 1982, State versus Satish and another, relating to P.S. Pisawa, district Aligarh, by learned Session's Judge, Aligarh, vide judgment and order dated 30.9.1982. Noted here is the fact that another accused Kishan was acquitted by the learned trial court by the same decision.
(2.) PERUSAL of the record of the appeal informs us that incident in question had occurred on 14.5.1980 at about 5.30 P.M. According to the informant Rajvir Singh's allegations, which he had scribed in his FIR, Ext. Ka1, he was an army personnel and had come to his house on leave. On 14.5.80, in the evening at 5.30 p.m., his brothers Shri Pal and Suresh were returning to their house from a well, after supplying water to their live stocks and no sooner they reached in the vicinity of a 'Chaamad' ( small open piece of land devoted to Goddess), accused appellant Satish arrived there armed with the licensed gun of his brother acquitted accused Kishan Kumar and accosted Shri Pal that he would teach him a lesson for surveillancing him and immediately shot at him, casing him gunshot injury. This incident was witnessed by Shri Suresh, Smt. Sukhbiri, Devi Ram, as well as other co- villagers. Injured Shri Pal, while being transported to the police station on a cot, lost the battle of his life in midway. Fir, Ext. Ka.1, about the incident, came to be scribed by the informant Rajvir Singh, who then carried it to the police station Pisawa, where he lodged it the same day at 8 p.m. The chik report, Ext. Ka.2 and GD entry, Ext. Ka.3 were prepared. S.O. R.C. Singh Bhukesh,PW4, engineered the investigation, Conducted inquest on the corpse of the deceased and prepared inquest report and other connected papers, Ext's. Ka. 4 to Ka. 7 and then sealing the dead- body dispatched it to mortuary through constables Shiv Narayan Prasad P.W.5 and Jhadon Singh for autopsy. I.O. had collected blood stained 'chadar' which was wrapped around deceased wound to stop oozing of blood by preparing it's seizure memo Ext. Ka.8. Thereafter, I.O., PW.4, interrogated the witnesses and recorded their statements and conducting spot inspection had prepared site plan Ext. Ka.9.Investigating Officer also endeavoured to apprehend the culprits but they were at large. On completion of investigation, PW.4 had submitted charge sheet Ext. Ka.11 against accused appellant Satish and Ext. Ka.12 against acquitted accused Kishan Kumar.
(3.) THE post mortem on the corpse of the deceased was performed by Dr. S.C. Agarwal, PW 6, on 15.5.1980 at 3.45 P.M. According to the doctor, following ante mortem physical injury was sustained by the deceased:- "(I) Multiple gunshot wound of entry over the right side chest lower part and right abdomen, the maximum size 4 mm. x 4 mm. x variable dept. Minimum size was 3 mm. x mm. x variable dept. scattered in an area of 10 c.m. x 5.5 c.m. The margins were inverted. blood clots were present over these wounds. These wounds were situated very close to each other. Few gunshot wounds coalesced each other and formed a big wound, from which three pieces of wedding material were removed and three shots were also removed from pectoral muscle area." On internal examination, doctor, PW6, had noted in the post mortem examination report, Ext. Ka.14 that there was " fracture of 7th and 8th ribs. The right pleura were lacerated at many places. The right pleural cavity contained fluid blood and five shots. The right lung was lacerated and two shots were removed. Liver was lacerated and six shots were removed. Similarly 11 shots were removed from the intestines. The stomach contained partially digested food material about 4 0z. and the stomach was lacerated. Eight shots were removed.";