M.C.JAIN,J. - (1.) APPELLANT Daljeet Singh has preferred this appeal against judgment and order dated 30-4-1981 passed by the then Vth Additional Sessions Judge, Kanpur in Sessions Trial No. 304 of 1979. He has been convicted under S.302, IPC read with S.34, IPC and sentenced to life imprisonment.
(2.) THE prosecution case, as unfolded from the F.I.R. and evidence adduced in the Court may be set forth briefly. The incident occurred on 22-8-1979 at about 12 O'clock noon in village Rahnas, P. S. Mahrajpur, District Kanpur and the deceased was one Pramod Kumar alias Lalji. The F.I.R. was lodged the same day at 1.30 p.m. by Swami Pratap Singh alias Gopal Ji PW 1, an eye - witness. The distance of the police station from the place of occurrence was about 3 miles. The deceased was the brother of the informant. On the fateful day and time, the informant and his deceased brother were in their house when their servant came and told that Jagnayak Singh had beaten up Jhandu, Pujari of their temple. Their mother asked the deceased to go and find out the facts whereupon Lalji went to the temple which was at a distance of a furlong from their house. It was revealed that Jagnayak Singh wanted to give Rs. 10/- to the wife of Jhandu with mischievous intention and Jhandu objected to it. Thereupon he was beaten up by Jagnayak Singh. When Lalji was returning from the temple to the house, in the way he happened to meet Jagnayak Singh and appellant Daljeet Singh in front of the house of Jahan Singh. An altercation took place between them. Jagnayak and appellant Daljeet Singh issued threats to Lalji that they would see him. Lalji returned to the house and told the facts to his mother. A little later when Lalji came out to go to his Dera, he was followed by the informant. While Lalji was on his way, he was fired at by the appellant Daljeet Singh by country made pistol and Jagnayak Singh opened fire on him from the licensed gun of his father from the roof of his house which was across the open space. Lalji sustained injuries, fell down and died at the spot. The incident was witnessed by Chunnu PW 2 and others besides the informant. The informant took the dead body of his brother on the cot to his house and then went to the police station where he lodged the F.I.R. The police swung in action. The investigation was taken up by S. C. Mehta PW 4 who was the then Station Officer of P. S. Mahrajpur. He came to the spot. Reaching the spot, he busied himself with the activities related to the investigation and sent the dead body for post - mortem after preparation of inquest report. The post - mortem was conducted by Dr. A. K. Gupta. PW 5 on 23-8-1979 at 2 p.m. The deceased was aged about 30 years and about one day had passed since he died. The following ante - mortem injuries were found on his person: 1. Gunshot wound of entry 1 cm x 1 cm circular with blackening and tattooing present around, margins inverted, on the right of upper arm. 12 cm below the top of right shoulder. Direction downwards and outward and communicating with exit wound, 1.5 cm x 1 cm x oval, margins everted on outer aspect of middle part right arm. 2. Gunshot wound of entry 1 cm x 1 cm circular with inverted margins with blackening and tattooing present around on the upper part of right arm; 5 cm below the top of right shoulder. Direction downwards and laterally and was communicating the exit wound, 1 cm x 1.5 cm on the outer aspect of right arm, 14 cm from the top of shoulder. 3. Gunshot wound of entry 1 cm x 1 cm circular with blackening and tattooing present around with inverted margins on the right side of upper part of chest just below the right clavicle on mid clavicular line directed downwards. 4. 2 gunshot wounds of entry 2.5 cm x 1 cm in an area each of size 1 cm x 1 cm with blackening and tattooing present around with inverted margins on the upper part of right chest, 4 cm from the upper part of sternum. It was chest cavity deep. 5. Gunshot wound of entry 1 cm x 1 cm circular, inverted margins, on upper right part of chest, blackening and tattooing present, 8 cm below the right sternum and 6 cm above the lower margins of sternum. Directions downwards and backwards and chest cavity deep. 6. Gunshot wound of entry 1 cm x 1 cm circular, inverted margins with tattooing and blackening on right side of chest on the right axillary line, 13 from the axilla. 7. Gunshot wound of entry 1 cm x 1 cm circular with inverted margins on the lower part of left chest, 10 cm below the left nipple, backwards at the level of back of chest. 8. Gunshot wound of exit 1 cm x 1.25 cm x oval with everted margins on the back of left chest 12 cm, 11 cm below the lower end of left scapula. 9. Exit gunshot wound 1 cm x 1.5 cm oval with everted margins on the back of right chest upper part, 6 cm from the spine. 10. Exit gunshot wound 1 cm x 1.5 cm, oval with everted margins on the back of lower part of right chest, 16 cm from lower end of right scapula. 11. Gunshot wound of exit 1 cm x 1.5 cm with everted margins, oval on the back of lower part of right chest, 6 cm from the spine. The cause of death was shock and haemorrhage resulting from the injuries sustained by the deceased. Two pellets were found on the back right side chest embedded in the muscles.
(3.) THE defence was of denial. According to the accused appellant, he was in the house of Jagnayak Singh on the day of occurrence when the firing took place. Jagnayak Singh came running to the house as Lalji and 15 other persons chased him. From the house, Jagnayak Singh took the licensed gun of his father and opened shots in the air. Meanwhile, the mob assembled and taking a chance, he ran away from there.;