M.CHAUDHARY,J. - (1.) THIS appeal has been filed by the appellants from judgment and order dated 30th of June 1981 passed by IV Additional Sessions Judge, Ghaziabad in Sessions Trial No. 307 of 1980, State v. Hari Singh & another, convicting accused Mohar Singh under Section 302 IPC and accused Hari Singh under Section 302 read with Section 34 IPC and sentencing each of them to imprisonment for life thereunder.
(2.) BRIEF facts giving rise to this appeal are that on 8th of June 1980 at about 5.40 a.m. Prem Pal son of the deceased lodged an FIR at police station Murad Nagar, District Ghaziabad alleging that Hari Singh was running a brick kiln at the outskirts of the village since long. Subsequently Randhir Singh installed a brick kiln near the brick kiln of Hari Singh about three years ago. However Hari Singh and his brother did not allow Randhir Singh to run his brick kiln effectively and ultimately Randhir Singh sold the brick kiln to Gulab Singh some three months ago. Some fifteen days prior to the alleged occurrence Hari Singh and his brother removed about 1,25,000 bricks of soft clay from his brick kiln and dried them at their brick kiln. On being enquired by Gulab Singh they threatened him alarming that they would not allow him to run that brick kiln. During the night between 7th and 8th of June 1980 Gulab Singh was asleep in the verandah of his house; that at about 1.00 a.m. Hari Singh and his brother Mohar Singh reached there and Mohar Singh fired at Gulab Singh. On hearing the sound of shot Prem Pal and Kalu @ Anand Swarup who were sleeping adjacently flashed torch raising hue and cry attracting thereby Jagdish and Mukhram who reached there and saw Hari Singh armed with a lathi and Mohar Singh with a country made pistol who coming out of the verandah hastened away towards the lane. The police registered a crime against the accused under Section 302 IPC and made entry regarding registration of the crime in the GD. Si Hari Ram Singh, the then station officer took investigation of the case in his hands. He alongwith the police force went to the scene of occurrence and directed Si Pooran Singh to draw inquest proceedings on the dead-body of Gulab Singh. He himself recorded statements of the witnesses and then inspected the site and prepared its site plan map (Ext. Ka-14). He also picked up blood stained 'Khes' and bed sheet lying on the cot whereon Gulab Singh was sleeping and prepared its memo (Ext. Ka-15). Si Pooran Singh drew inquest proceedings on the dead body of Gulab Singh. He prepared inquest report (Ext. Ka-7) and other necessary papers (Ext. Ka-10 to Ka-13) and entrusted the dead body sealed in the blood stained 'Dutai' lying on the cot alongwith necessary papers to constables Mam Chand and Bhupal Singh for being taken for its post mortem.
(3.) AUTOPSY conducted on the dead body of Gulab Singh by Dr. M. K. Goel Medical Officer MMG Hospital Ghaziabad on 8th of June 1980 at 4.30 p.m. revealed an ante mortem fire-arm wound of entry 3 cm x 2.5 cm on lower part of left side chest 6 em below left nipple at 7 O'clock position, blackening and tattooing present around the wound and direction backwards. The doctor removed 160 small pellets and three wadding pieces from inside the wound.;