M. C. Jain, J. - (1.) -The accused appellant Prem Singh has been convicted under Section 302 read with Section 34, I.P.C. and under Section 307 read with Section 34, I.P.C. vide judgment and order dated 25th August, 2000, passed by Sri Awadhesh Rai, the then Special Judge/Additional Sessions Judge, Bulandshahr. The appellant has been sentenced to undergo life imprisonment for the former offence and seven years' rigorous imprisonment for the latter. Both the sentences have been ordered to run concurrently.
(2.) THE appellant is in jail and the hearing of the appeal has been expedited under the orders of the Hon'ble Chief Justice. One Rakesh was shot dead in the incident and Anil Kumar P.W. 2 sustained injuries. The incident occurred on 14.1.1997 at about 9.30 a.m. in Mohalla Chaudah Mauza Nehruganj within police station Anoopshahr, District Bulandshahr. The distance of the police station from the place of occurrence was about two furlongs. The F.I.R. was lodged the same day at 3.15 p.m. by Vijay Pal Singh P.W. 1 father of the deceased and the injured. The two parties are neighbours with their houses adjacent to each other. The deceased Rakesh ran a shop of electric goods. About six months before the incident, the accused appellant had purchased two ceiling fans from him on credit and was not making payment in spite of repeated demands. On the fateful day and time, Rakesh deceased again asked the accused appellant to make the payment. The accused appellant became annoyed and angrily held out that he would make the entire payment then and there. He instantly went inside his house and came out with his gun along with his two sons Sanjay armed with country made pistol and Dushyant with an iron rod. They started showering abuses in front of the house of the deceased. When he (deceased Rakesh) and his brother Anil came out from the house. Prem Singh and Sanjay opened fire with their weapons that they held and the appellant's another son Dushyant hit Anil with iron rod causing injuries to him. The incident was witnessed by the informant Vijay Pal P.W. 1, Bholi Singh, Ramesh Chandra Sharma P.W. 5, and others. Rakesh and Anil were taken to hospital. Rakesh, however, died on his way to the hospital. Anil was admitted in the hospital in serious condition. The case was registered and investigation followed. Post-mortem over the dead body of Rakesh was conducted on 14.1.1997 at 4 p.m. by Dr. S. C. Sharma P.W. 7. He was aged about 27 years and about half day had passed since he died. The following ante-mortem injuries were found on his person : (1) Firearm wound of entry on right side of forehead, just above right eyebrow, 8 cm. 3 cm. cavity deep. Brain matter coming out. No tattooing or blackening present. (2) Multiple firearm wounds of entry on right side of face around injury No. 1, spread from ear to midline of face in an area of 12 cm. 8 cm., shape oval to spherical and elliptical, size 0.5 cm. 1.5 cm. 0.5 cm. scalp deep. On internal examination, the base of skull was found fractured. Right side temporal and frontal bones were also fractured. 8 pellets were taken out from the brain matter. The cause of death was shock and haemorrhage resulting from ante-mortem injuries.
(3.) IT was Dr. S. Garg, P.W. 6 who had medically examined the injured Anil in District Hospital Bulandshahr on 14.1.1997 at 11.40 a.m. The following injuries were found on his person : (i) Lacerated wound 5.0 cm. 1.0 cm. scalp deep on right side head, 9 cm. above right ear. Bleeding was present. (ii) Multiple (about 8) gunshot wounds of entry in area of 27 cm. 16 cm. on front and outer side of left chest and abdomen and groin. Size of the wound measuring 0.3 cm. 0.3 cm., depth not probed. Bleeding present. No surrounding blackening and charring present. Advised X-ray. (iii) One gunshot wound of entry 0.3 cm. 0.3 cm. skin deep on inner side of right thigh upper part. (iv) One gunshot wound of entry 0.3 cm. 0.3 cm. skin deep on front of left thigh lower part. Injury No. 1 could be caused by hard blunt object such as iron rod and the rest were attributable to firearm. Injury No. 2 was kept under observation and the rest were simple. On X-ray being taken small rounded radio-opaque shadow of metallic density over left side chest and abdomen was detected. The investigation was taken up by Investigating Officer Virendra Singh P.W. 8 and the panchayatnama etc. had been prepared by S.I. Itwari Lal P.W. 10.;