Onkareshwar Bhatt, J. - (1.) -Appellant, Surya Nath, filed this appeal against the order of his conviction and sentence recorded by the then 1st, Additional Sessions Judge, Azamgarh, on 22.5.1980 in Sessions Trial No. 184 of 1979. The appellant has been convicted under Sections 302 and 324, I.P.C. 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 along with 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 of north in front 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 in front of his 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, Vijay 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, I.P.C. 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 axiallary line. (ii) Abrasion 2.5 cm. x 2.5 cm. on right side back upper part in posterior axillary line. 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. Rampati died in the district hospital at 12.10 a.m. on 11.2.1979. After receiving the information of death of the deceased, the case was converted under Section 302, I.P.C.
(3.) INQUEST of the dead body was made by Sub Inspector Ram Lochan Ram P.W. 14. Dr. K. C. Chakravorty P.W. 9 conducted autopsy of the dead body of the deceased on 11.2.1979 at 3 p.m. The doctor found following injuries : (1) Lacerated punctured wound almost circular 3/10 x 3/10 cm., 94 in number muscle deep in an area of 36 cm. x 24 cm. involving the back right side 15 cm. below the lower end of right scapula upto right buttock and extending in front of the right side of abdomen. No blackening or tattooing was found around the injury. These injuries were of entry and on opening six metallic shots found. 8 metallic shots were found in the stomach. (2) Abrasion 1 cm. x 1 cm. on the mid axillary line 17 cm. below the axila. 5.On internal examination peritoneum of stomach was perforated. In small intestine multiple perforated wound was found. Blood clot in abdominal cavity was also found. In liver multiple perforated wound was found. The appellant has pleaded not guilty and claimed to have been falsely implicated on account of enmity.;