U. S. Tripathi, J. - (1.) -This appeal has been preferred against the judgment and order dated 4.5.1982, passed by VIIth Addl. Sessions Judge, Mainpuri in Sessions Trial No. 465 of 1980, convicting the appellant under Section 302 read with Section 34, I.P.C. and sentencing him to imprisonment for life.
(2.) THE prosecution story briefly stated was that litigations regarding property were going on between the families of Dhirendra Pal Singh deceased and appellant Pradeep on account of which there was enmity between the parties. On the evening of 21.6.1980 Dhirendra Pal deceased along with his wife Smt. Suman Chauhan (P.W. 1) had gone to market for purchasing. Thereafter he along with his wife was returning to his house situate near Bhanwat crossing in Mainpuri City on a rickshaw. At the railway crossing rickshaw was left and deceased and his wife were proceeding on road on foot. Smt. Suman Chauhan (P.W. 1) was few steps behind the deceased. Appellant Pradeep was standing with a gun on western patari of the road, in front of shop of Virendra Carpenter along with his two associates. A red coloured motor cycle was parked there. When the deceased reached near the appellant he told that he would deal with him. Saying it the appellant fired from his gun on the deceased. The associates of the appellant also fired from their respective country made pistols. Sustaining injuries the deceased fell down. 4-5 persons including Arvind Singh (P.W. 2), present near the spot came there. The appellant and his associates made their escape good by riding on the motor cycle. Smt. Suman Chauhan (P.W. 1) arranged a rickshaw and with the help of her son and brother-in-law brought Dhirendra Pal to District Hospital, Mainpuri, where he was medically examined at 7.30 p.m. by Dr. Pradeep Kumar (P.W. 7), who found following injuries on his person. (1) Gun shot wound of entrance 3.5 3 10 cm. (further depth not probed, abdominal cavity deep.) on-right side 2 cm. below and outer side. Margins lacerated and inverted. Advised X-ray of abdomen and hip joint. Bleeding present. (2) Gun shot wound of entrance 0.5 0.5 cm. depth not probed, 11 cm. above the left nipple at 12 O'clock position. Bleeding present. Advised X-ray of chest. (3) Gun shot wound of exit with everted margins 1 1 cm. not probed on back of left upper arm, 7 cm. below from top of shoulder. (4) Multiple abrasion in an area 8.5 cm. 4 cm. on left side face just lateral to nose.
(3.) GENERAL condition was very low. Patient was admitted for treatment. Detailed examination not done. Pulse was pulseless and patient was in shock. Injury Nos. 1, 2 and 3 were kept under observation, caused by fire arm, No. 4 by friction and all injuries were fresh in duration.;