K. N. Ojha, J. - (1.) -These connected appeals have been preferred against judgment and order dated 3.7.1981, passed by learned VIth Additional Sessions Judge, Shahjahanpur in S.T. No. 662 of 1980, State v. Ram Singh and others, by which Ram Singh has been convicted under Section 302, I.P.C., Nathu Singh and Rajendra Singh have been convicted under Section 302 read with Section 34, I.P.C. and each one of them has been sentenced to undergo life imprisonment.
(2.) RAJENDRA Singh appellant is represented by Sri Subhashish Banerjee, advocate, but none appeared for him to advance arguments. In Appeal No. 1516 of 1981, arguments of Shri P. N. Mishra, learned senior counsel for the appellants and Sri Gautam Chaudhary, brief holder for the State, were heard. Both the appeals are being decided on merits. According to prosecution, Mahesh Pal Singh informant is son of Charat Singh. Litigation was pending between Charat Singh and accused Ram Singh. Mahesh Pal Singh is the informant and Charat Singh is deceased in this case. Appellant Rajendra Singh is nephew of Ram Singh and Nathoo Singh is said to be the friend of Ram Singh. It is alleged that due to litigation, the accused had animus to commit murder of Charat Singh. On 11.6.1980 at about 10 a.m., Mahesh Pal Singh, Charat Singh, Smt. Premawati, daughter of Charat Singh and Ved Prakash, son-in-law of Charat Singh, were coming back on their manure-cart. Charat Singh was driving it, Mahesh Pal Singh and Smt. Premawati were sitting inside the cart and Ved Prakash was following it. When the cart reached near the flour-mill of accused Ram Singh, all the three appellants came out with their guns and challenge was made by Rajendra Singh and Nathoo Singh. Ram Singh caused firearm injury to Charat Singh. Charat Singh jumped down from the cart. He was successful in running upto 3 or 4 steps, but thereafter he fell down on the earth. Mahesh Pal Singh, Ved Prakash, Smt. Premawati, Jwala Singh and Brij Raj Singh witnesses saw the occurrence. Charat Singh died on the spot. F.I.R. was lodged by Mahesh Pal Singh on the same day at 11.45 a.m. against the appellants by name. Post-mortem examination on the dead body of Charat Singh, aged about 40 years, was done in the mortuary of District Hospital, Shahjahanpur, on 12.6.1980 at 3 p.m. Rigor mortis was present in all extremities. Following ante-mortem injuries were found on his body : (1) Gun-shot wound of entry 2 cm. peritonial cavity. Margins irregular. There was no blackening, charring or tattooing. (2) Abrasion 2 cm. 1 cm. on the back of right elbow.
(3.) 68 pellets and wadding pieces were found from the wound. In the opinion of the Doctor, death resulted due to shock and haemorrhage as a result of ante-mortem injuries. After investigation, the charge-sheet was submitted and the learned Additional Sessions Judge found the charge under Section 302, I.P.C. proved against Ram Singh and the charge under Section 302 read with Section 34, I.P.C. proved against Nathoo Singh and Rajendra Singh and passed impugned order of conviction and sentence against which both these appeals have been preferred.;