- (1.) APPELLANT, Surya Nath, filed this appeal against the order of his conviction and sentence recorded by the then Ist Addl. Sessions Judge, Azamgarh on 22-5-1980 in Sessions Trial No. 184 of 1979. The appellant has been convicted under Sections 302 and 324 IPC and has been sentenced to imprisonment for life and to one year rigorous imprisonment respectively.
(2.) SRI J. S. Sengar, learned Counsel for the appellant and learned A. G. A. for the State have been heard. According to the prosecution case on 10-2-1979 at about 7 p. m. P. W. 1 Munaki was giving fodder to her buffalo near her house in village Daudpur police station Jeeanpur District Azamgarh her husband, Rampati, deceased of this case, was present at that place. A lantern was burning at her door. At that time appellant armed with gun alongwith Komal and Ram Sewak armed with lathis, the two co-accused, who have been acquitted, came in the pathway. It has come in evidence that there is a pathway 'khor' about 80 paces running south to north infront of the house of the deceased and going upto the house of Dastgeer. All the three chased Rampati, who ran towards north in the pathway. When he reached near the house of Dastgeer, where electric bulb was burning, he was shot at. The deceased as well as Najir, who was infront of this house, sustained fire arm injuries. The accused thereafter ran away. Rampati was taken to the police station Jeeanpur. Report of Rampati was scribed by P. W. 6 Vijai Mani Tripathi. P. W. 8 Yad Narain Singh, prepared chick report at 8. 45 p. m. and registered the case in the G. D. under Section 307 IPC Sub-Inspector, Phakhare Alam, P. W. 8, interrogated Rampati and recorded his statement under Section 161 Cr. P. C. Thereafter through constable P. W. 12 Dhruwa Deo Singh, the deceased and other injured were sent to district hospital. At 11. 25 p. m. Dr. R. R. Rai, P. W. 11, examined the injuries of the deceased. Following injuries were found by the doctor: (i) One gun shot wound of entry about 70 in number, 3/10 cm x 3/10 cm each in an area of 30 cm x 24 cm on right side back in middle lower part on right side of abdomen and also on right mid axillary line and posterior and anterior axillary line. (ii) Abrasion 2. 5 cm x 2. 5 cm on right side back upper part in posterior axillary line.
(3.) THE doctor found surgical emphysema present on the back side. Dr. Rai also examined Nazir at 11. 35 p. m. and found one gunshot wound of entry 3/10 cm x 3/10 cm on medial aspect of left leg lower part.;