M.C. Jain, J. - (1.) The appeal has been filed by the accused-appellant Chingi alias Siya Ram against the judgment and order dated 20th April, 1981, passed by Sri T.P. Gupta, the then Vth Additional Sessions Judge, Kanpur in Sessions Trial No. 543 of 1980. He has been convicted under section 302, IPC and under section 323 read with section 34, IPC. For the former offence, life imprisonment has been awarded to him and for the latter, the sentence passed is rigorous imprisonment for two months. Both the sentences have been ordered to run concurrently.
(2.) Filtering out unnecessary details, the relevant facts may be stated shortly. The incident took place on 30.9.1980 at about 10.30 P.M. at the cluster of shanties at the brick kiln on one Sadhu Ram in village Bhausi Pratappur, P.S. Sachendi, District Kanpur. One Garibey was murdered in the incident and hurt was caused to Smt. Shiv Raje, Pappi and Gaya Deen. Garibey deceased along with his sons PW-1 Pappi, PW-2 Gilli, Sri Chand, his own wife and wife of his son Gilli was living in the cluster of shanties situated at the brick kiln aforesaid. There were three shanties adjoining one another. In one of them, Sri Chand with his wife was living. The other one was occupied by PW-2 Gilli with his wife and in the third-one Garibey with his wife and other sons used to live. There was open space in front of these shanties, adjoining Bhimsen Road. These persons were Patheras (specialised labourers for preparing bricks at the brick kiln). The office of the brick kiln of Sadhu Ram was also there in a double storeyed building consisting of one room on each floor. On the top of it, there was electric pole on which an electric bulb was glowing illuminating the vicinity. When the persons aforesaid were sleeping outside their shanties, the accused appellant along with his two companions came there. He woke up PW-7 Ram Kanva-wife of PW-2 Gill. Garibey, who was also sleeping nearby, woke up and surprisingly asked Chingi as to why he was there at that moment. The accused appellant Chingi had a country made pistol while his two companions had Danda and Lathi Other persons sleeping nearby also got up. Garibey wanted to catch hold of Chingi but he fired on him by country made pistol causing injuries to him, Sustaining the injuries, Garibey ran towards roadside after Chingi but the latter took a turn towards grove of guava and thereafter Garibey went a little ahead and fell down near the shanty of Putti Lal across the road. The other people, namely, PW-1 Pappi son of Garibey, PW-5 Gayadin (Sleeping nearby) and Smt. Sheoraje wife of Garibey also got up and tried to apprehend the mis creants, but they were assaulted by the companions of he accused-appellant Chingi and were caused injuries. Chingi was well recognised in the light of electric bulb glowing at the top of the office of brick kiln of Sadhu Ram. Chingi and his companions managed to escape from the spot. Garibey was brought thereafter by PW-2 Cali and other persons who took him to the hospital in a tractor but by the time he reached there, he succumbed to his injuries. Gilli thereafter came to the village and got a report scribed by Shiv Sagar Misra which he lodged at the Police Station. A case was registered at 00.45 A.M. on 1.10.1980. The investigation followed as usual at the hands of PW, 10 S.O. Mohd. Zahurul Hasan.
(3.) Smt. Sheoraje was medically examined the same night by PW-6 Dr. P.P. Gupta in U.H.M. Hospital, Kanpur. The following injuries were found on her person : 1. Contusion 4 cm. x 3 cm. on the lateral side of the left forehead. 2. Contusion 5 cm. x 3 cm. on the left side of left cheek. 3. Contusion 4 cm. x 2 cm. on the left elbow joint on the outer aspect.;