- (1.) HARI Narain @ Baba Pandey, appellant of Criminal Appeal No. 770 of 1990 has approached this Court questioning the validity of the judgement and order dated 30.04.1990, passed by Shiv Murti IIIrd Additional Sessions Judge, Basti in Session Trial No. 306 A of 1982 convicting accused appellant under Section 302/34 IPC and sentencing him to undergo imprisonment for life.
(2.) PROSECUTION story as has been unfolded by the first informant Suresh Chand S/o Dengumal is to the effect that the first informant Suresh Chandra is resident of Rikab Ganga district Faizabad and deceased Girdhari was his brother. They were running business of brick kiln in villages Babhnan, district Gonda and Chakchai within P.S. Paikolia district Basti. On account of some dispute, the accused Satendra Nath @ Prakash alongwith one another had fired upon the first informant, almost a year back to the present occurrence. In that firing incident deceased Girdhari had been cited as a prosecution witness. At the time of occurrence a case under Section 307 IPC was in progress in Basti Court. According to the report on account of this enmity on 19.06.1981 in early hours of morning while the deceased and the first informant and their Munshi Pramatma Shukla on bicyles were going from brick kiln of Babhnan to Chakchai and had reached near sawmill of Gaffar in village Guar at about 6 AM all of a sudden the three accused came out from nearby road side pit. At that time the deceased was fifteen yards ahead to the first informant and his Munshi Parmatma Shukla. The first informant and Parmatma Shukla saw the accused Satendra Nath and Harnarayan armed with guns and accused Rajesh with knife. Rajesh caught hold the cycle deceased. Harnarayan and Satendra Nath with their guns fired upon the deceased. Rajesh too attacked the deceased with his knife, with the result of deceased falling on the spot and dying almost instantaneously. The alarm, raised by the first informant, attracted Bhawani Bhikh Shukla, Chandra Bali Shukla of village Chakchai and Sarv Jit of village Bhitiria, P.S. Chhapia, Gonda and others. The first informant got scribed by Sarv Jit the first information report Ext. Ka. 2 and lodged the same in the police station Paikolia, which was at a distance of 4 KM, same day at 8.10 AM. A case with crime no. 74/81 under Section 302 IPC was registered against the three accused, named in the report.
(3.) THEREAFTER the Investigating Officer reached the place of occurrence, prepared panchayatname Ext. Ka. 3, collected the articles found with the deceased after preparing its Fard Ext. Ka. 4, sealed the body after preparing necessary papers, photolash Ext. Ka. 10 etc. and sent the same with necessary police papers for postmortem. During inspection of the spot the Investigating Officer found three empty cartridges and one knife, he took them in his possession after preparing necessary fards Exts. Ka. 5 and Ka. 7 in th said direction. He also collected plain and blood stained earth Ext. Ka. 6 and prepared the site plan Ext. Ka. 11. The autopsy on the body of deceased was conducted on 20.06.1981 at district mortuary. The Medical Officer found the following ante -mortem injuries: 1. Gun shot wound (wound of entry) 3" X 2 1/2" craial cavity deep back of right head. There is area of scorching around the wound. There is evidence of amanating multiple fractures of occipital parietal and of right side frontal bones. The brain matter is coming out of the wound. One corck and ten small rounded pellets removed from the brain matter. 2. Gunshot wound (wound of entry) 2" X 1 1/2" X muscle deep on the outer side of right upper arm, middle part. Wound margin is scorched 6 small rounded pellets were removed from this wound. 3. Gunshot wound (wound of entry) 8" X 2 1/2" X bones deep on the back of right albow joint. The wound margin is scorched. There are fractures of lower end of humerus and upper end of radius and ulna bones. 5 small rounded pellets were removed from the wound. 4. Gunshot wound (wound of entry) .... 1/2 X 2" X bone deep on right side front and upper part of right gluted region. The wound margin is scorched 9 small rounded pellets removed from the wound. The gluetal bone is fractured under this injury. 5. Incised wound 3/4" X 1/4" X muscle deep on the back of right fore arm middle part. 6. Punctured wound 1 1/2" X 1/4" X pleural cavity deep on the back of right side upper chest. 7. Stab wound 3/4" X 1/4" X muscle deep on the back of chest in mid linear upper part. 8. Punctured wound 1 1/2" X 1/4" X pleural cavity deep on right side of linear chest. 9. Punctured wound 3/4" X 1/4" X pleural cavity deep on the right side chest just above nipple. 10. Incised wound 3/4" x 1/4" x muscle deep on the outer side of left upper part forearm on the outer side. The Medical Officer formed opinion that the deceased died due to coma, associated with shock and haemorrhage caused by above ante -mortem injuries. He prepared postmortem report Ext. Ka. 1.;