ANIL KUMAR SHARMA, J. - (1.) CHALLENGE in these appeals is to the judgment and order dated 11.07.2003 passed by Additional District & Sessions Judge, Fast track Court No.4, Kanpur Dehat in S.T. No. 559 of 2001 and 45 of 2002, whereby the appellants have been found guilty for the offence punishable under section 302 and 307 IPC and have been sentenced to undergo imprisonment for life and fine of Rs. 6,000.00 under section 302 IPC and 10 years' R.I. and fine of Rs. 3,000.00 under section 307 IPC with default stipulation. Since both these appeals arise out of common judgment of trial court, therefore, they have been heard together and are being decided by this judgment.
(2.) FACTS germane to these appeals are that on 11.06.2001 complainant Kamlesh Kumar Raidas s/o Gedan Lal Raidas, resident of village Dhaka Purva Mouja Nanamau, P.S. Bilhour, District Kanpur Nagar submitted a written report to the police stating that today he was studying in the light of a lamp out side his shop and his father Gedan Lal Raidas was sleeping on a Takhat below the Chabutara. At about 2.30 A.M. co-villagers Ajay and Nanhey armed with country-made pistol, and Moti Lal and Amar Singh having guns came there. On exhortation of Moti Lal, Ajay fired shot on the neck of his father. Amar Singh instigated to further injure him, whereupon Nanhey fired another shot on his father. In this firing the father of the complainant instantaneously died on the spot while the complainant also suffered fire-arm injuries. On his screams Bhaiya Lal s/o Murli, r/o village Gurghara and others challenged the accused persons, who threatening them to kill made their escape good towards southern side. The report further stated that complainant and the witnesses have seen and identified the assailants in the light of lamp and torches. The complainant further stated that accused Nanhey wanted to forcibly marry his niece Vitan and Ajay was supporting him but they married her at another place, so on account of this enmity accused persons have eliminated his father and has fired shot to kill him. On the basis of this report case at crime no. 184/2001, under sections 302, 307 IPC was registered against the accused-appellants, investigation whereof was entrusted to S.H.O. J. P. Mishra. The injured was interrogated by the Investigating Officer at the police station and he was sent for medical examination. The injuries were examined on 11.06.2001 at 6.00 A.M. by Dr. S.P. Singh in P.H.C. Bilhour and he found the following injuries on his person: 1.Abrasion on just above top of wring finger of left hand size 0.6 cm x 0.3 cm. 2.Gun shot wound in area of 35 cm x 10 cm on right side of abdomen. Number of wounds is 26 each wounds are same size 0.3 cm in dia meter x muscle deep. Blackening, scorching and tattooing are present around the wound. Fresh blood clots are present on each wound situated between lower part of right chest and upper part of right thigh. 3.Abrasion on just above of right knee joint size 2.8 cm x 1.00 cm. In the opinion of the doctor the injury no. 2 was caused by fire arm while injury nos. 1 and 3 were caused by hard and blunt object or by friction. Injury no. 2 was kept under observation and x-ray was advised. Rest were simple and duration was fresh. After X-ray examination in the supplementary report fire-arm injury was found to be grievous. The Investigation Officer reached at the spot along with other police force and interrogated witnesses Shyam Bihari and Bhaiya Lal. At the instance of the complainant spot was inspected and site plan was prepared. The Investigating Officer seized two empty cartridges and one brass cartridge. He also took sample of blood stained piece of mattress and saw the lamp and torches of the witnesses through different memos prepared by him.
(3.) INQUEST on the dead body of the deceased was conducted by S.I. Shiv Raj Singh under the direction of Investigating Officer. The dead body was sealed and sent for post mortem examination along with usual papers. Dr. Manoj Kumar conducted autopsy on the cadaver of the deceased on 12.6.2001 at 11.00 p.m. He found that the 60-years' old deceased was having average built body. His both eyes were bulging out. Mouth was open and tongue protruding out. Rigor mortis had passed from both extremities. P.M. staining was on whole of back, buttock and thighs. Skin had peeled off at places and skull hairs were loose. Abdomen was distended. Following ante-mortem injuries were noted by the doctor in his autopsy notes: i) Fire arm wound of entry 1.0 cm x 1.0 cm x chest cavity deep at back of right shoulder 6 cm. Below front top of shoulder. Tattooing and charring present. Margins are inverted. ii) Fire arm wound of entry 0.5 cm x 0.5 cm x muscle deep at right side of neck and below from mandible. Margins are inverted. Charring present. iii) Multiple fire arm wound of entry in area of 6.0 cm. X 6.0 front of chest 3 cm below from sternal notch, chest cavity deep. Margins are inverted. Charring present. iv) Crush injury left hand. All fingers are partially absent except index finger. In internal examination the doctor found that the pleura, both lungs, both chambers of heart and pericardium were lacerated. 1.5 litre blood was present in chest cavity. 400 ml. Semi-digested food was found in the stomach. In the opinion of the doctor the deceased suffered death about one and half day before due to shock and haemorrhage on account of ante mortem injuries. After completing the other investigatory formalities charges against the accused appellants was submitted. ;