M.C.JAIN, J. - (1.) THERE are two appellants Jautam alias Andhi and Har Chand who have preferred this appeal against the judgment and order dated 17-12-1981 passed by V Additional Sessions Judge, Azamgarh in S.T. No. 97 of 1980. They have been convicted under S.302, IPC and sentenced to life imprisonment. Two others, namely, Phool Chand and Daya Shanker alias Mahant were also tried with them, but they were acquitted having been given the benefit of doubt.
(2.) THE salient features of the case may be set forth. The incident took place on 23-9-1979 at about 11 O'clock in the night in village Fattupatti, Police Station Gambheerpur, District Azamgarh. The deceased was one Mool Chand. The FIR was lodged the following day at 7.10 a.m. by Khelawan PW 3 at whose house the deceased was allegedly sleeping in the fateful night. The distance of the police station from the place of occurrence was five miles. The prosecution case is that the deceased Mool Chand resided in the village aforesaid with his mother and other family members. The appellant Jautam alias Andhi of the same village had some property litigation with the deceased. Har Chand appellant was allegedly his associate residing in the same village. Earlier to this incident, Mool Chand deceased had obtained a decree relating to certain disputed property in his favour as against Jautam alias Andhi. Jautam alias Andhi, a notorious person, had infused a sense of terror in the mind of Mool Chand and used to issue threats to him of his life. For this reason, Mool Chand used to sleep at the house of Khelawan PW. 3. In the fateful night, he was sleeping outside the house of Khelawan PW 3. At a little distance his mother Gomati Devi PW 1 and his daughter Ramawati PW 2 were and sleeping in the Verandah. A lantern was glowing. At about 11 O' clock in the night, the two appellants with two others appeared there. Both the appellants were armed with firearms. Mool Chand was caught hold of and present two appellants opened fire on him. He died instantaneously. Gomati Devi P.W.1, Ramawati PW 2 and Khelawan PW 3 witnessed the incident. On the lodging of the FIR on oral narration by Khelawan PW 3, a case was registered and investigation was taken up. Post mortem over the dead body of Mool Chand was conducted by Dr. S. D. Gupta PW 5 on 25-9-1979 at 10 a.m. He was aged about 32 years and about 11/2 days had passed since he died. The following ante - mortem injuries were found on his person : 1. Firearm wound of entry 2. 5 cm x 2 cm going through and through left side lower part of neck 9 cm below left mastoid prominence. Blackening 2.5 cm around the wound present with tattooing. Margins of wound irregular, oval in shape. 2. Firearm wound of exit 3.5 cm x 2.5 cm at root of back of neck in its middle. Margins everted. 3. Incised wound 1.5 cm x .75 cm x muscle deep transversely oblique on upper part of right side back I cm away from midline, 4 cm below injury No. (2). 4. Incised wound 2 cm x 1 cm x muscle deep on outer side of right side abdomen, 12 cm above right anterior iliac spine. 5. Firearm wound of entry 4 cm x 4 cm x cavity deep on front of left side chest going through left side sternum 6 cm below inner end of left collar bone. Blackening, tattooing and singing of hair present around the wound. 6. Firearm wound of entry 2.5 cm x 2.5 cm x cavity deep front of chest 1.5 cm below injury No. 5. Blackening in area of 9 cm x 9 cm around the wound present. Tattooing also present. 7. Abrasion in area 6 cm x 5 cm on left side forehead above and outer to left eye brow.
(3.) THE death had occurred due to shock and haemorrhage resulting from ante - mortem injuries.;