M.C.JAIN, J. - (1.) THE three appellants are Shyam Babu, Lavlesh alias Pappu and Ram Bahadur Lohar who have challenged their conviction and sentence under Section 302 I.P.C. recorded by Additional Sessions Judge (F.T.C. No. 1), Fatehpur on 31 -1 - 2002 in S.T. No. 77 of 2000. Each of them has been sentenced to life imprisonment and a fine of Rs. 10,000. In default of payment of fine, each has to undergo further rigorous imprisonment for one year.
(2.) THE incident occurred on 9 -11 -1999 at about 5.00 p.m. near the culvert of minor canal of village Moraon within the Police Station Thariayon, District Fatehpur and F.I.R. was lodged the same day at 9.15 p.m. by Om Dev Singh PW 1. The distance of police station from the place of occurrence was about 5 Kms. and the deceased of the incident was informant's brother Indradeo Singh. Three accused -appellants were allegedly armed with country -made pistols. The prosecution case, as revealed from the F.I.R. and the evidence adduced on record, was that the deceased Indradeo Singh was employed in Electricity department at sub - station Thariayon, but he was also the Manager of a Junior High School situated in the village aforesaid. About ten years before the incident, Ram Bharosey alias Chhedda father of the accused - appellant Shyam Babu was the. Manager of the School. After his death, Shyam Babu wanted to become the Manager. However, the Management Committee had elected Indradeo Singh as the Manager Shyam Babu did not like it and started nurturing grudge against Indradeo Singh. On the fateful day and time, the deceased was returning to his house from the side of Malai Ka Purwa through his fields on Suzuki Motorcycle. Om Deo Singh and his another brother Brahmadeo Singh were following him on tractor after ploughing the field. As soon as Indradeo Singh reached at the culvert of Khaga minor canal, the three accused -persons armed with pistols emerged from their hiding by the side of the culvert and stopped him. Shyam Babu held out that he could not be the Manager during his lifetime and he would occupy that office after murdering him. All the three accused -appellants downed Indradeo Singh from his motorcycle and fired a number of shots on him causing injuries to him. The informant and his brother rushed up, but the accused -appellants ran away. Indradeo Singh died at the spot. .The incident was also witnessed by Beni Madhao and Rudra Pal who were working in their Khalihans as well as Devendra Singh PW 3 and other passers by.
(3.) CONSEQUENT upon the lodging of F.I.R., a case was registered. SO. Thariyon Chandra Bhan Singh was informed on R.T. Set and joined by S.I. Ramveer Singh PW 3 on the way to reach the spot. The Investigating Officer Chandrabhan Singh PW 5 busied himself with the activities related to the investigation of the case. Getting prepared the inquest report and other papers by S.I. Ramveer Singh, the dead body was sealed and sent for post -mortem which was conducted by Dr. R.K. Mishra PW 6 on 10 -11 -1999 at 3.00 p.m. The deceased was aged about 48 years and nearly a day had passed since he died. The following ante -mortem injuries were found on his person: (1) Wound of firearm entry with inverted and scorched lacerated margins present over right angle of mandible measuring 1 cm x 1 cm x muscle deep with blackening and tattooing around the wound in an area of 3 cm x 3 cm. (2) Wound of firearm exit with everted margins present on jaw near the Right side of angle of mouth measuring 2 cm x 2 cm. When a probe was passed from wound No. (1) it passed through the wound No. (2) which was exit wound of wound No. (1). Direction transversly. (3) Abrasion measuring 2 cm x 3 cm over middle x 1/3 of left clavicle on left side of chest. (4) Wound of firearm entry with scorched and lacerated and inverted margins present over right side of back of chest, 4 cm lateral to mid line, 10 cm below the neck with blackening and tattooing in an area of 4 cm x 3 cm around the wound. (5) Wound of firearm exit present over right side of front of chest with everted margins on the medial side of right clavicle bone. The bone underneath was fractured. On exploration of wound No. (4), it corresponds to wound No. (5) when a probe was passed. Hence wound No. (5) was exit wound of wound No. (4). Right lung and pleura were lacerated and ruptured and Right chest cavity was filled with blood. The direction of wound was from backward to forward obliquely. (6) Wound of firearm entry present over back of right shoulder measuring 1 cm x 1 cm with lacerated, inverted and scorched margins with blackening and tattooing in an area of 4 cm x 3 cm around the wound. (7) Wound of firearm exit with everted margins present over tip of right shoulder when a probe was passed from wound No. (6) it corresponded to wound No. (7), hence wound No. (7) was exit wound of wound No. (6). The bone underneath Right scapula, head of right humer and olecranon process was fractured. Direction of wound from below to upwarded and from post to anterior obliquly upward. (8) Wound of firearm entry with scorched, lacerated and inverted margin present in part of right side of abdomen 1 -2 cm away from umbilicus. Blackening and tattooing present in an area of 9 cm x 5 cm. (9) Wound of firearm exit measuring 2 cm x 2 cm with everted margins present over posterior axillary line. On exploration the wound No. (9) corresponded to wound No.(8). When probe was passed, it corresponded to wound No. (9) which was exit wound of wound No. (8). ;