A.N.GUPTA, J. - (1.) UMA Shankar and Rajender have filed this appeal against their conviction recorded by Vth Addl. Sessions Judge, Agra on 30 -8 -1979. Appellant Uma Shankar was sentenced to life imprisonment under section 302, IPC whereas appellant Rajender was sentenced to life imprisonment under section 302, read with section 34 of the Indian Penal Code and further under section 323, IPC to three months rigorous imprisonment. Two other accused namely Shri Narain and Vishewshwar were acquitted of the charges by the Same order.
(2.) THE occurrence is said to have taken place on 30 -5 -1978 at about 6.30 p.m. in village Kukapur, police station Jaitpur, District Agra in front of the house of Maya Ram deceased. It is said that Surat Ram, who is brother of informant Ram Avtar and deceased Maya Ram had given three bighas of land on Batai to Shri Narain, which yielded 40 bundles of wheat crop. This wheat crop as well as wheat crop of other fields of Surat Ram and complainant etc. was got thrashed with the help of a thrasher taken on rent of Rs. 100/ -. Since Shri Narain was Bataidar, the deceased and his brothers asked him to contribute Rs. 20/ - towards the rent charges of the thrasher but Shri Narain was agreeable to pay Rs. 10 only. At that time Rajendra, Uma Shankar appellants and Bisheshwar also reached there. P.W. 3 Suresh Chandra Awashti, complainant Ram Autar Sharma and P.W. 2 SuratRam were already there. They tried to persuade Shri Narain and his companions to pay money, but the appellants and Bihsheshwar sided with Shri Narain and started abusing. Complainant (P.W. 1) Ram Autar Sharma asked them not to hurl abuses. Thereupon Rajender appellant slapped the complainant. Maya Ram deceased challenged the appellant Rajender to abuse or slap again. At this appellant Rajender asked Uma Shankar appellant to bring the gun from the house so that Maya Ram deceased may be seen. Thereupon Uma Shankar ran towards his house and brought the gun of his uncle (Tau) and on being instigated by Rajender appellant shot at Maya Ram, due to which he dropped dead. The First Information Report was lodged by (P.W. 1) Ram Autar Sharma, same day at 9.15 p.m. The police station is situated at a distance of about two miles from the place of occurrence.
(3.) THE post mortem examination was conducted by (P.W.4) Dr. V.P. Agarwal on 1 -6 -1978 at4 p.m. He found one ante mortem injury, which was a gun shot wound on the right side of abdomen 2" above right anterior ilioc specre superior spine. The loops of intestine were coming out. No blackening or tattoing or charring was seen around the wound. The walls of peritonium were found ruptured. The large intestine was also found ruptured at multiple places. The right ascending colon ceacum and right pelbic bone were ruptured and fractured. The aorta was also found ruptured. The right femoral artery was also found ruptured. Nine pellets of the size of Jwar and one of big size was recovered from the dead body. In the opinion of Dr. Agarwal the death was caused as a result of gun shot injury. Dr. Agarwal also stated that Maya Ram must have died instantaneously after receiving the said gun shot wound.;