- (1.) Challenge in this appeal is to the judgment and order dated 20.07.2006 passed by Additional Sessions Judge, Court No.1, Banda in S.T. No. 157/2005 (Crime No. 55/2005, P.S. Pailani) whereby the appellant has been found guilty for the offence punishable under section 302 IPC and had been sentenced to undergo life imprisonment and to pay fine of Rs. 5,000/- with default stipulation. However, two co-accused, namely Khunti @ Ram Sajivan and Smt. Makhaniya have been acquitted for the offence punishable under section 302/34 IPC giving them benefit of doubt.
(2.) Succinctly stated the prosecution case before the trial court was that on 05.04.2005 at 7.45 A.M. Manoj Kumar Singh s/o Kallu Singh, r/o Sindhan Kalan, P.S. Pailani, District Banda submitted a written report addressed to S.O. of P.S. Pailani, wherein he stated that his real younger brother Arvind Singh aged about 22 years often visited the house of accused-appellant and in the night he has gone to his house for some work but did not return. Today in the morning at about 3- 4 O'clock he heard the sound of firing from the house of Santosh Nai and in the morning at about 6 O'clock he came to know that dead body of his brother Arvind is lying in the house of Santosh Nai. He along with his family members and other villagers went there and found that his brother Arvind is lying dead inside house of Santosh Nai. He had gun shot injury on his chest and country made pistol is lying there. The complainant believed that his brother has been done to death by gun shot injury at the hands of Santosh Nai s/o Ojha Nai, Khunti @ Ram Sajivan s/o Dukhiva Nai and Smt. Makhaniya w/o Santosh Nai. Leaving the dead body on the spot the complainant submitted his report at police station Pailani, on the basis whereof case crime no. 55/2005, under section 302 IPC was registered and its investigation was taken over by S.O. P.L. Rawat. He along with S.I. Ram Avtar Sankhwar and other police force reached at the spot and found that the dead body of the deceased was lying in the northern Paur of the house entry and blood had spread around the dead body. On his direction the inquest upon the cadaver of the deceased was performed by S.I. Ram Avtar Sankhwar. He prepared the inquest report and along with usual papers sent the dead body for post mortem examination. Dr. T. R. Srsaina conducted post mortem examination of the deceased at 4.00 P.M. on 05.04.2005. He found that 22-years old deceased had average built body, his both eyes were closed and mouth was semi opened. His right hand was handicapped as index and ring figures were missing, rigor mortis was present all over the body. Doctor found the following ante mortem injuries on his person: 1. Fire arm entry wound of left side chest 2 cm x 2 cm rounded blackening and tattooing singing around hair with tissue present 12 cm below thoracic and 3 cm medial to scapula angle. 2. Direction strnum chest? inter coastal pair of 5th, 6th rib ? lacerated both sides chambers of heart ? lacerated left side upper line ? lacerated left lung middle part ?inter costal pair of rib at 3rd and 4th. In internal examination the doctor found 1.5 litre blood in thoracic cavity. Both sides of pleura, pericardium and heart were lacerated. Blood vessels and heart were empty, 100 ml watery food was found in the stomach. In the opinion of the doctor the deceased suffered death due to shock and haemorrhage as a result of ante mortem injuries about half day before.
(3.) Ere the Investigating Officer interrogated complainant Manoj Kumar Singh, his father Kallu Singh, wife Smt. Chanda and prepared site plan at the instance of the complainant. He collected plain and blood stained earth from the spot through memo. He found .315 bore bullet embedded in the wall and prepared memo in the presence of witnesses. The country made pistol of .315 bore found at the spot was also seized and its barrel contained an empty cartridge. Both the articles were also taken possession in the presence of the witnesses and memo was prepared by S.I. Ram Avtar Sankhwar. Thereafter the Investigating officer interrogated other witnesses during investigation. He received affidavit of Manoj Kumar Singh, Shyam Sunder, Vinod Singh and Chandra Ketu and thereafter witnesses Arvind and Kuldeep Singh were interrogated. The investigation culminated in charge sheet against the accused persons. The bullet, empty cartridge and .315 bore country made pistol recovered from the spot were sent for examination to Forensic Science Laboratory, Agra. The laboratory in its report found that the empty cartridge was fired from the aforesaid country made pistol. However, no opinion could be given regarding bullet.;