Surya Prasad, J. - (1.) THIS is a criminal appeal against the judgment and order dated 8th March, 1983, passed by the then learned Sessions Judge, Budaun, in Sessions Trial No. 7 of 1983 (State v. Bhagwant and others) convicting the appellant Sompal under Section 302, I.P.C. and sentencing him to the imprisonment for life and further sentencing the appellants Bhagwant, Horam and Harpal under Section 302 read with Section 34, I.P.C. and sentencing them to the imprisonment for life.
(2.) THE prosecution case briefly stated is that Jaspal Singh (P.W. 1), son of Bhagwant Singh is a resident of village Nauna, within the circle of police station' Islamnagar, district Budaun. His son Jagan deceased was present at his house on 19th September, 1982. It was learnt that Bhagwant, resident of village Jafarpur and his sons, named, Horam and Sompal and his son-in-law named, Harpal were turning the groundnut crop with ploughs. Consequently his son reached the groundnut crop field at about 10 A.M. Jaspal Singh (P.W. 1) also followed him. THEy found that Horam and Harpal were turning the Bajra and groundnut crops with ploughs and that Bhagwant Singh and Sompal were sitting on the western Mend of that field. THErefore, Jagan asked them why they were turning up his crops and expressed that their litigation was going on and that they would give the field to them in the event of their success in the litigation. He asked them not to turn up the crops whereupon Bhagwant abused him, and angrily expressed that he was boasting much and that he be done to death. Consequently Sompal fired a shot from a double barrel gun at Jagan. Having received injury, Jagan ran away. In the process of his running Sompal fired second shot. Jaspal raised alarm, whereupon Bhagwant, Horam and Harpal rushed holding lathis and surrounded Jagan in the cultivated field of Prem Singh, belaboured him with lathis and caused him to fall down. It was then that Sompal fired two shots at him (Jagan). Hearing the alarm raised by Jaspal and the sounds emimated from the fire shots, Ram Autar (P.W. 2), Bhajan Lal (P.W. 4), Chharta Singh, Asha Ram and others reached the scene of occurrence and saw the entire incident. THEy threw challenge to the accused. Consequently the accused ran away towards west leaving the ploughs, (.lagan breached his last on the spot itself. It is further alleged that the accused generated the feelings of animosity towards Jaspal (P.W. 1) in respect of the said field. THE said field which belonged to Smt. Naraini alias Bhagwati. Jaspal (P.W. I) had taken that field on payment of money in advance from her. It Is further alleged that Smt. Naraini died one and half year's back. After her death, the accused Bhagwan and others set up one Kishan Lal fictitiously as her heir and obtained an agreement from htm In respect of her land. A litigation was going on between Sukhlal, brother of Smt. Naralni and Kewal on the one side and Bhagwant and others, on the other, in connection therewith. Jaspal had deposed in that case on behalf of Sukhlal. THE accused, therefore bore grudge against him. Jaspal (P.W. 1) lodged an oral report at the police station Islamnagar, about the incident. On that basis a chick report: was prepared and an entry to that effect was made in the general diary. The case was ultimately registered against the accused. After the registration of the. case, its investigation was entrusted to the then Station Officer of the said police station, Ummed Singh (P.W. 10). Consequently he took down the statement of the informant Jaspal Singh (P.W. 1) at the police station itself. Thereafter he proceeded to the place of occurrence. Reaching there, he held inquest on the dead body of Jagan and prepared the inquest report Ext. Ka-3. He setzed, sealed and sent it to the mortuary for post-mortem examination, through the constable Sahab Singh (P.W. 5) and the village Chaukidar Ram Singh. He took the blood-stained and plain earth into his custody from the place of occurrence and prepared a memo in respect thereof. He took down the statements of Ram Autar (P.W. 2), Asha Ram and certain others. He inspected the place of occurrence and prepared its site- plan Ext. Ka-13. Dr. A. C. Sharma (P.W. 3) conducted (the post-mortem examination on the dead body of Jagan on 20th September, 11982 at 12 noon and found the following ante-mortem injuries thereon : 1. Lacerated wound 2.5 cm. x 0.5 cm. x scalp deep on right side of head 9 cm. above and behind right mastoid process, chitted blood present in the wound and edges are staining not washable and cleaning. 2. Lacerated wound 7 cm. x 1 cm. x scalp deep 3 cm. above and in front of injury No. 1. a Lacerated wound 2.5 cm. x 0.5 cm. x scalp deep 2 cm. in front and above injury No. 2. 4 Lacerated wound 1.5 cm. x 0.5 cm. x scalp deep 1.5 cm. behind injury No. 1.
(3.) GUN shot wound of entry 5 cm. x 4 cm. in front of left shoulder joint margins irregular and Jagged, surrounding skin shows blackening and tatooing, on dissection the wound was found to be directing backwards, the outer part of left clavicle and upper part of the left humerous was found fractured into many fragments, the left braclied plexus and auxiliary vessels were found lacerated, clotted blood was found in the depth of wound, one wadding and two pieces of Tikli and twenty six small pellets recovered from the wound. Gun shot wound of entry 4 cm. x 4 cm. on front of left side of chest 1 cm. above and lateral to left nipple, margins irregular and jagged. Surrounding skin shows blackening and tatooing, on dissection the wound was found to be directing backwards, downwards and medially, fourth rib left side was found fractured, left pleura, left lung, the pericardium, left side of the chest, left down of diaphragm, anterior wall of stomach along the greater curvature and the spleen were found lacerated about two litre of blood was found in left plural cavity and pericardial cavity, about half litre of blood was found in peritoneum cavity, about a quarter litre of blood mixed pasty material was found in stomach, one wadding and one Tikli and eighteen small pellets were recovered from depth of wound.;