- (1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 21-9-1981 passed by Addl. Sessions Judge, Baduan, in Sessions Trial No. 393 of 1979, convicting the appellant Chandra Pal Singh under Section 302 I. P. C. and sentencing him to imprisonment for life.
(2.) THE prosecution story briefly stated is that Mohar Singh (PW 1) is father of Brij Pal Singh (PW 2) and Vikram Singh deceased while Omvir Singh (PW 4) is son of Brij Pal Singh (PW 2), Lakhan Singh, father of Chandra Pal Singh appellant was real brother of Mohar Singh (PW 1 ). Hakim Singh, father of Girvar and Mahendra accused (acquitted by trial Court) was cousin brother of Mohar Singh (PW 1 ). Chandra Pal Singh appellant had instituted a suit for partition of joint ancestral properties against Mohar Singh (PW 1) and others who had filed objection (written statement) against the claim of the appellant. Appellant Chandra Pal Singh was pressuring Mohar Singh (PW 1) and other to file compromise in the suit to which Mohar Singh (PW 1) told that it would be settled by deliberations. On 8-6-1979 at about 11. 00 a. m. Mohar Singh (PW 1), Brij Pal Singh (PW 2), Vikram Singh deceased, Surendra Pal Singh and appellant Chandra Pal Singh as well accused Girvar and Mahendra were discussing about joint land. Hot exchanges and altercations took place in the discussion. The appellant and other two accused left the talk and went towards their house saying that they would get the partition done in a short moment. Mohar Singh (PW 1) and his sons also came to their house. After a short while (at about 11. 30 a. m.) Chandra Pal Singh appellant armed with licensed gun, Girvar armed with country made pistol and Mahendra armed with country made gun came on the roof of Baithak, situate towards west of house of Mohar Singh and started firing towards house of Mohar Singh. Mohar Singh (PW 1) and his sons closed the doors. Omvir (PW 4) was outside the house. Vikram Singh deceased was collecting she buffalo dung inside the house. When Vikram Singh deceased opened the door to make Omvir (PW 1) in, the appellant and the two accused fired on him (Vikram ). He sustained injuries, fell down on the door and died. Mohar Singh (PW 1) and others saw the occurrence from the ventilator of middle door. Kanhai Chaukidar and other persons of the village also witnessed the occurrence. Thereafter the appellant and other accused left the spot. Mohar Singh got prepared report (Ext. Ka-1) from his son Surendra Singh and came to police station Qadar Chawk where he lodged report at 2 p. m. On the basis of which a case was registered against the appellant Chandra Pal as well as Girvar and Mahendra. Investigation of the case was done by Sri K. C. Sharma, I. O. (PW 5) who interrogated Mohar Singh (PW 1) at the police station, came to the spot, conducted inquest of the dead body of deceased, sent the sealed dead body for post-mortem, visited the place of occurrence, recovered blood stained and simple earth, observed pellet marks on the door and interrogated other witnesses.
(3.) AUTOPSY on the dead body of the deceased was conducted on 9-6-1979 by Dr. Hamid Ullah (PW 3) who found following ante mortem injuries: - (1) Contusion 7 x 5 cm on right side of fore head and right temple. (2) Multiple abrasions in an area of 18 x 4 cm on left leg anterior side. (3) Abrasion 6 x 5 cm on right upper leg, below knee joint. (4) Abrasion 1 x 1 cm on right elbow lateral side. (5) 11 (sic 1) gun shot wounds of entries with inverted margins scattered on right side scalp, right anterior shoulder, right middle left side of anterior chest wall, left anterior shoulder and on lower part of anterior side of neck. No blackening and tattooing present around these wounds. Dispersement about 5 inches. (6) Contusion 2 x 3 cm on right fore-arm. One small pellet was recovered from scalp two small pellets were covered from left thoracic cavity, one pellet was recovered from right thoracic cavity and one pellet was recovered from left anterior shoulder muscle.;