- (1.) THE State has preferred this appeal against the judgment and order dated 31.07.1981, passed by Ist Additional Sessions Judge, Lakhimpur Kheri in S.T.No.410 of 1980 acquitting the respondents under Section 302/34 IPC.
(2.) BRIEFLY stated, the prosecution case is that on 26.05.1979, at about 5.00 p.m. Jagdesh Prasad has lodged an F.I.R under Section 307 IPC against accused persons stating that he and his cousin sister's son Sharda Prasad were talking under the Neem tree when accused persons reached there carrying fire arms and surrounded them. In the meanwhile, Murli had appeared on the roof of his house and remonstrated them for doing ' Gundai'. At this accused - Ram Mohan fired upon Murli which hit him on his eye and immediately thereafter Ayodhya Singh also fired which struck on his back. Thereafter, Babu Ram, Gajodhar and Ram Ghulam arrived at the place of occurrence and witnessed the incident. They challenged the accused persons as a result of which the accused retreated from the scene. Thereafter witnesses and other villagers went to the roof and saw that Murli was lying in injured condition and writhing in pain. He was immediately taken to the police station Kheri for lodging the F.I.R and then he was sent to the district hospital, Lakhimpur in a critical condition. Dr. K.K Khanna P.W -5 who examined the injuries of Murli, proved the injuries report Ext.Ka -7.
(3.) SUBSEQUENTLY , Murli succumbed to his injuries and the case was altered under Section 302 IPC. Sri. G.P.Tiwari (P.W.4), the then S.I., P.S Kotwali Lakhimpur conducted the inquest report and completed other relevant papers for postmortem examination i.e. Ext. Ka -2 to Ext Ka -6 The dead body was sealed and sent for postmortem examination. Sri Ram Raj Singh ( P.W.7) investigated the case and submitted the charge -sheet against accused persons (Ext.Ka -12). P.W.6 - Dr. R.K.Misra had conducted the postmortem examination on the dead body of Murli and noted following ante -mortem injuries: - - 1. Multiple gun shot wounds on upper part of back and on back of both shoulders in an area of 36 cm. x 23 cm.. The gun shot wounds are discrete with ecchymosed margins inverted, size 3 M. M. (diamater) roundeed. 2. Gun shot of entry with inverted ecchymosed margins on outer side left arm, 19 cm, below left shoulder, size 0.3 cm. (diameter) rounded. 3. Gun shot wound of exit with lacerated, averted margins on front of the left arm, 5 cm. in front of the injury no.2 at some horizontal level, size 0.5 cm (diameter). 4. Gun shot wound of entry with inverted ecchymosed margins on back of head near tuft of hair, 10 cm. above and behind left ear, size 0.3 cm.(diameter) rounded 5. Gun shot wound of entry with inverted ecchymosed margins, 8 cm. behind left ear, and 6 1/2cm. below injury no.4, diameter 0.3 cm. rounded. 6. Multiple gun shot wounds of entry on left side face, and near left ear in an area of 11 cm. X 10 cm. 7 in number, diameter 0.3 cm. rounded with ecchymosed inverted margins.;