- (1.) V. N. Singh, J. This criminal appeal has been filed against the judgment and order dated 30-1-1981 passed by Sri R. C. Gupta, the then IInd Additional Sessions Judge, Shahjahanpur (arising out of S. T. No. 582 of 1979, under Section 302 IPC, P. S. Banda, District Shahjahanpur), by which, he held appellant guilty under Section 302 IPC and sentenced him to life imprisonment.
(2.) PROSECUTION case, in brief, is that, Satish Singh lodged FIR on 12-9-1979 at 10. 00 a. m. at Police Station, Banda District Shahjahanpur that, in connection with the murder of Zalim Singh, Laljeet Singh and others were accused. Nanhey Singh brother of the complainant was a witness in that case. Laljeet Singh and Seth Pal Singh appellant belonged to the same family. As Nanhey Singh brother of the complainant, in the said murder case was witness, Seth Pal Singh was annoyed with the complainant and others. Narvir Singh Pradhan and few members of the Gram Samaj permitted Bhikham Das, a saint to cut one of the big branch of a mango tree situated in the open land belonging to Gram Samaj. One day prior to the occurrence, one branch was cut in the evening. Saint Bhikham Das directed deceased Chhotey Singh and his brother Nanhey Singh to collect the foliage fallen down due to cutting of branch of mango tree. Next day i. e. , 12-9-1979 at about 8. 00 a. m. deceased Chhotey Singh alongwith his brother Nanhey Singh began to collect the said foliage. Appellant Sethpal Singh came there armed with gun and directed them not to collect the foliage, stating that, he will collect. Nanhey Singh told that, what right he has got to collect. Appellant fired his gun towards the brother of complainant, due to which, Chhotey Singh received injuries. Nanhey Singh escaped. Chhotey Singh died on the spot. At the time of occurrence Kuber Singh (father), Satish Singh (brother) and Raghunath Singh were sitting on a cot in front of the house of the complainant. They did not chase the accused due to fear. During investigation, Panchnama Ext. Ka-5, Chalan Lash Ext. Ka-6, Photo lash Ext. Ka-7 and site plan Ext. Ka-8 were prepared. Fard recovery Ext. Ka-9 regarding empty cartridge was also prepared.
(3.) DR. P. K. Gupta conducted the autopsy on the dead-body of Chhotey Singh and following ante-mortem injuries were found : (1) One gun shot wound of entry 2 cm x. 2 cm x neck muscle (sterna mastoid) deep on the right side neck, laterally and middle of neck. Directions -front of back ward and upwards with inverted margins. (2) Ten small round gunshot wounds of Entry. 2 cm x. 2 cm x chest cavity deep mentioned separately forward, with inverted margins. (a) 8 wounds on the right side of chest one 2 cm below the middle right clavicle, seven (7) around and below and lateral to the right nipple more on the lateral side. Upper wound deep upto lung tissue of the upper lobe with laceration of lung anteriorly. Four shots had lacerated the middle lobe of the right lung anteriorly, three shots lacerated lower lobe of right lung anteriorly and laterally. (b) Two gun shot wounds of entry on the left side, one at the level of 4th intercostals space near sternum lacerating the right artium of heart anteriorly 2nd at 4 cm lateral to the xiphisteornum, lacerating the lower left lobe of lung anteriorly. (3) Five gun shot wounds shape of Entry 0. 2 cm x 0. 2 cm x abdominal cavity deep (described separately below) (with inverted margins) (a) Three shots on the abdomen near umbilicus lacerating peritoneum and the small intestine at three places. (b) Two shots were present at the lower abdomen just above the pubic symphysis and lacerating the urinary bladder anteriorly. Direction-front to backwards. (4) (a) Two gun shots of oval in shape of entry. 2 cm x 0. 3 cm x through and through on the left upper arm in the middle anterior-laterally with inverted margins (2. 5 cm apart) (b) With two wounds of exit with inverted margins of the size of. 4 cm x. 4 cm x through and through on the latero posterio aspect of left upper arm 3 cm apart with everted margins 4 cm back (posterior) to the wounds of entry at same level. Direction-anterior-posterior. (5) (a) one gun shot of oval in shape. 2 cm x. 3 cm x through and through with inverted margins on the right upper arm, anterior-laterally on the upper part (deltoid region ). (b) one wound of exit with everted margins. 4 cm x. 4 cm through and through, 3 cm posterior wound of exit at same level. Direction-anterior-posterior. (6) One gun shot wound of entry 2 cm x. 2 cm x through and through, and one is muscle deep on the left thigh. (a) (i) Two gun shot wounds of Entry. 2 cm x. 2 cm through and through on the anterior-lateral aspect of left thigh in the middle with enverted margins. (ii) one wound of exit with everted margins. 4 cm x. 4 cm x through and through on the posterio-lateral aspect of left thigh at the level of entry. (b) one gun shot wound of Entry. 2 cm x. 2 cm x muscle deep at the anterior aspect of lower third of left thigh with inverted margins. (7) Three gun shot wounds of Entry. 2 cm x. 2 cm x muscle deep on the right thigh, upper part anteriorly with inverted margins. After investigation, a charge-sheet Ext. Ka-11 was submitted against the appellant.;