M. Chaudhary, J. - (1.) -This is an appeal from judgment and order dated 15th of December, 1981 passed by IInd Additional Sessions Judge, Mainpuri in Sessions Trial No. 234 of 1981, State v. Subedar Singh and another convicting the accused under Section 302, I.P.C. and sentencing each of them to imprisonment for life thereunder.
(2.) BRIEF facts giving rise to this appeal are that in February, 1977 Kalka, elder brother of Subedar Singh was murdered and Jai Ram, brother of Kedar Singh was prosecuted for that murder and convicted and sentenced in that murder case and the appeal was pending in the High Court and Jai Ram was released on bail ; that in August, 1980 Gabarhoo, another brother of Subedar Singh was fired at and an F.I.R. of that case was lodged against Jai Ram above named and four others. At about 7.00 a.m. on 20th of November, 1980 Kedar Singh along with his brother Jai Ram and nephew Rajesh Kumar were going from their village to Mainpuri ; that Jai Ram was going on the road 20-25 paces ahead of Kedar Singh and Rajesh Kumar and their co-villagers Din Dayal and Jhunak Lal were also coming behind them ; that at about 7.00 a.m. as they were passing through the grove of Naresh Kumar at Nagla Kespur and Jai Ram after crossing the grove reached near the field of Dariyab Singh, Subedar Singh and his cousin Tej Singh armed with guns emerged from the 'Besharm' shrubs shouting that he was released on bail by the Court but now they would not let him live alive ; that sighting them Jai Ram ran for his life and immediately Subedar Singh and Tej Singh fired at him and receiving the gunshot injuries Jai Ram fell down but mustering courage he got up and again started running and after crossing the field of Dariyab Singh as he was about to cross the pathway they again fired at him and sustaining firearm injuries Jai Ram fell in the field of Devi Din and immediately both the miscreants fled away. Sustaining the fatal injuries Jai Ram died on the spot instantaneously. Immediately Kedar Singh, brother of the deceased went to the Police Station Bhogaon situate at a distance of about ten miles from the place of occurrence and handed over written report of the occurrence to the police there at about 9.15 a.m. (Ext. Ka-1). The police registered a crime against the accused and made entry regarding registration of the crime in the general diary (Exts. Ka-2 and Ka-3). S.I. Tek Chand Chauhan to whom investigation of the case was entrusted went to the scene of occurrence. On reaching there he drew inquest proceedings on the dead body of Jai Ram, prepared the inquest report (Ext. Ka-5) and other necessary papers (Exts. Ka-6 to Ka-8) and handed over the dead body in a sealed cover along with necessary papers to constables Shiv Singh and Nihal Singh for being taken for its post-mortem. Then he inspected the place of occurrence and prepared its site plan map (Ext. Ka-13). He also picked up empty cartridge of .2 bore lying near the dead body and collected blood-stained and simple earth from near the dead body lying by the side of northern ridge in the field of Devi Din and prepared their memos (Exts. Ka-10 and Ka-11) respectively. He collected blood stained and simple earth from near the southern ridge of the field of Dariyab Singh and prepared its memo (Ext. Ka-12). He also recorded statements of the witnesses and did other necessary things. Autopsy conducted on the dead body of Jai Ram by Dr. J. P. Gupta, Medical Officer, District Hospital, Mainpuri on 21st of November, 1980 at about 2.30 p.m. revealed the below noted ante-mortem injuries : (1) Gun shot wound of entry 1.5 cm. x 1 cm. through and through to injury No. 2 over the left side of face 1 cm. above the left ear with margins inverted. (2) Gun shot wound of exit 2 cm. x 2 cm. x through and through injury No. 1 over the right side of face 2 cm. above the right ear with margins everted and irregular. (3) Abrasions 6 cm. x 5 cm. over the left side of forehead just above the left eyebrow underneath bone depressed and fractured. (4) Abrasions 4 cm. x 3 cm. on right side of forehead just above the right eye underneath bone was depressed and fractured. (5) Abrasions 4 cm. x 2.5 cm. over left side of face just below and lateral to eye. (6) Abrasions 6 cm. x 2 cm. over the right side of chest 5 cm. below and medial to right nipple. (7) Gun shot wound of entry 1 cm. x 2 cm. x muscle deep over medial surface of right thigh 10 cm. above the right knee oblique and margins inverted. (8) Gun shot wound of exit 8 cm. x 3.5 cm. over the anterior surface of right thigh 4 cm. above the right knee through and through to Injury No. 7. (9) Gun shot wound of entry 4 cm. x 3.5 cm. x skin deep over left side of back 7 cm. below left angle of scapula, transverse in direction and blackening present around the wound. (10) Multiple gun shot wounds of entry .2 cm. x .2 cm. x muscle deep in an area of 8 cm. x 6 cm. over the right buttock region with a gun shot wound of entry 6 cm. x 4 cm. x muscle deep posteriorly 19 cm. below right sacral iliac joint.
(3.) ON an internal examination both frontal and parietal bones were found fractured and base of the skull also fractured and brain completely lacerated, bleeding present from left ear. Stomach contained liquid about 2 ounces. Both the intestines were half full containing faecal matter and gases. The doctor opined that death was caused due to shock and haemorrhage as a result of brain injury about one and a quarter day ago. After completing investigation the police submitted charge-sheet against the accused.;