- (1.) M. C. Jain, J. These two criminal appeals arise out of the judgment and order dated 30-3-1979 passed by Sri K. P. Sinha, the then V Additional Sessions Judge, Fatehpur in Sessions Trial No. 71 of 1978. The appeals being connected with each other are being decided by this common judgment. Appellants in criminal appeal No. 1140 of 1979 are Naziruddin, Raisuddin and Ahmad Hasan, whereas Laddan alias Iqbal Hussain is the appellant of Criminal Appeal No. 1359 of 1979. All of them have been convicted under Section 302 read with Section 34 I. P. C. and sentenced to life imprisonment.
(2.) THE prosecution case, as unfolding from the F. I. R. and evidence adduced in the Court, may be narrated shortly. THE incident took place on 6-10-1977 at 10 a. m. in village Mahoi, P. S. Hussainganj, District Fatehpur and report was lodged the same day at 1 p. m. by Zahurul Hasan PW 1 (brother of the deceased Nurul Hasan ). THE distance of the police station from the place of occurrence was about 7 miles. Anwarul Hasan-brother of the informant and the deceased had been murdered in 1972 by Aftab and others. In 1973 Aftab and Ali Hasan were murdered. THE complainant Zahurul Hasan and his brothers Nurul Hasan, Sariful Hasan and Saeedul Hasan were the accused in that double murder case. THE accused in the murder case of complainant's brother Anwarul Hasan were convicted in 1974. However, the complainant and his three brothers were acquitted on 11-7-1977 in the double murder case of Aftab and Ali Hasan. Ever since their acquittal, the family members of Aftab and Ali Hasan deceased became inimical towards them and were on a look out to murder them. On 6-10-1977 the complainant Zahurul Hasan and his brothers Sariful Hasan and Nurul Hasan had gone to irrigate their paddy crop in the east of the village. Nearby, Banney and Jagdish were cleaning their hemp. Nurul Hasan was going ahead and the complainant Zahurul Hasan and his other brother Sariful Hasan were following him. When Nurul Hasan reached the corner of the field towards the east of the ditch known as Bhujaran Gabiya, the accused appellants Naziruddin and Raisuddin emerged with guns out of Jwar field of Rashid situated in the east of the complainant's paddy field and both of them fired at the exhortation of one of them - Naziruddin. His brother Nurul Hasan received gunshot injuries and ran towards south. Laddan alias Iqbal Husain and Ahmad Hasan came out of the paddy field from the southern side. Laddan alias Iqbal Husain was carrying the gun of his cousin brother Mohd. Hasan and Ahmad Hasan was carrying a lathi. Running, they challenged Nurul Hasan who turned towards the east and was chased by these two. Ahmad Hasan attacked him with lathi and when he was falling in the barren field of Panna Nai, Laddan alias Iqbal Husain fired from behind on the back of Nurul Hasan. THE witnesses challenged the accused appellants who ran towards the northern side. THE occurrence was witnessed by the complainant Zahurul Hasan, his brother Sharifun Hasan, Banney PW 3, Ram Sewak PW 5 and Jagdish. On the lodging of the F. I. R. , a case was registered and investigation ensued at the hands of S. I. B. D. Verma PW 8 who proceeded to the spot and busied himself with the investigation including the preparation of inquest report. The dead body was ultimately sent for post mortem which was conducted on 7-10-1977 at 2 p. m. by Dr. B. R. Bajpai PW 4. During the course of investigation it came to light that accused appellants Raizuddin, Ahmad Hasan and Naziruddin had deposited their guns at the shop of M/s. Chet Ram Sharma and sons, Meston Road, Kanpur and on the order of District Magistrate, Kanpur, these guns were produced in the Court of Chief Judicial Magistrate by the aforesaid firm. Fired cartridges recovered from the place of occurrence were sent to the Ballistic Expert with these guns and report was received from him. The result of the autopsy was that the deceased was found to be aged about 45 years and about one day had passed since he died. The following ante-mortem injuries were found on his person: (1) One gunshot wound of entry 1" x 1" x chest cavity deep on the left side back of chest, 2" below interior angle of scapula and at the same line. Margins were inverted and lacerated. Blackening and tattooing were present. Directed from behind to forward with fracture of 7, 8 and 9th ribs of left side in the back. 30 small gunshots were recovered from the muscles of left side chest front. (2) Abraded contusion 4" x 3" on the left side scapular region with fracture of scapula bone underneath. (3) Contusion 3" x 1-1/2" on the left side back of chest 1" below injury No. 2. (4) Contusion 3" x 2" on the left side front of chest lower part with fracture of 10th and 11th ribs of left side front underneath. (5) Abraded contusion 1" x 1/2" on the right side back of chest lower part. (6) Multiple gunshot wounds of entry in an area of 4" x 3" on the dorsum of left hand, each measruing 1/10" x 1/10" x muscle deep. Margins inverted and lacerated. No blackening or tattooing present, with fracture of 2nd and 3rd metacarpal bones underneath. 15 small gunshots recovered from muscles. (7) One small gunshot wound of entry 1/10" x 1/10" x muscle deep on the right side dorsum of hand Margins were inverted and lacerated. No blackening or tattooing present. One small gunshot from the muscle with fracture of 3rd metacarpal bone underneath.
(3.) ON internal examination, the pleura was found lacerated under injury No. 1 and 1 pound of blood was present below injury No. 1. Left lung was also found lacerated under injury No. 1 and 30 small pellets and wading pieces were recovered. Pericardium was lacerated under injury No. 1. Heart was lacerated in the middle and was empty. Semi digested food was found in the stomach and some partially digested food was present in the small intestine. In the opinion of the Doctor, the death had occurred due to shock and haemorrhage as a result of gunshot injuries. The prosecution in all examined 11 witnesses including the Doctor, Investigating Officer and other formal witnesses. The eye-witnesses were Zahurul Hasan PW 1 - complainant, Banney PW 3 and Ram Sewak PW 5.;