Palok Basu, J. - (1.) THIS appeal has been preferred by Maiku against the judgment and order dated 4.9.1979 passed by VI Addl. Sessions Judge, Allahabad in Sessions Trial No. 300 of 1978 whereby the appellant stands convicted under section - 302 IPC and sentenced to imprisonment for life. The charge against the appellant was that in the night between 14/15 -3 -1977 at about 5.30 A.M. in village Buxi More, police -station -Dhumanganj, Allahabad he committed the murder of Chhotey Lal by intentionally causing his death by firing at him and thereby committed an offence punishable under Section 302 IPC.
(2.) IN short, the prosecution case is that Chhotey Lal, the deceased in the instant case, was in the employment of Zainuddin in village Buxi Mora, Police Station/Dhumanganj. Chhotey Lal's brother Banshi Lal and his son Maiku appellant had litigation concerning the agricultural land and it is that Chhotey Lal deceased had obtained a decree relating to that property and that happend to be the bone of contention between the appellant and the deceased. The said Zainuddin had his field and tubewell in the neighborhood of the plots of Chhotey Lal. It is said that in the night between 14/15 -3 -1977 the said Zainuddin along with P.W. 1 Mohd. Shami and P.W. 2, Abdul Quddus were sleeping in the tubewell of Zainuddin while Chhotey Lal, deceased was sleeping at his Khalihan near the tubewell at a distance of 4 or 5 steps. At about 5.30 in the morning Zainuddin and the two eye -witnesses got up on hearing firing shot and when they came out of the Tubewell they saw that appellant Maiku fired a second shot with his country made pistol at Chhotey Lal. The appellant was challenged by those three and he escaped towards southern side. Chhotey Lal succumbed to his injuries then and there on the cot. Further case of the prosecution is that Zainuddin got an F.I.R. scribed through one Mohd. Main Makki and lodged it at police -station -Dhumanganj at 9.30 A.M. on 15.3.1977. A chick report was prepared by Head -moharrir Vishwanath Pathak and the case was registered vide general diary entry No. 17, dated 15.3.1977, copies whereof have been proved as Exts. Ka 6 and Ka 7. P.W. 5, Ram Navami Yadav, Station Officer, Police -station Dhumanganj was present at the police -station when the F.I.R. was lodged. He recorded the statement of Zainuddin and went to the spot alone where he prepared the inquest report Ext. Ka 4 on the dead body of Chhotey Lal, Challan Lash and the Photo Lash were prepared and then a letter was addressed to the Medical Officer Incharge, Swaroop Rani Hospital, Allahabad for conducting post mortem examination on the dead -body of Chhotey Lal. These two documents have been proved as Ext. Ka 8 and Ka 10 respectively.
(3.) DR . A.B. Lal, P.W. 4 conducted post mortem examination on 16.3.1977 at 3 P.M. and found the following ante mortem injuries on the dead body of Chhotey Lal: - - 1. Gun Shot wounds seven in number 1/4" x 1/4" in size no blackening was present, on the left side chest in an area of 4 1/2" x 3". Out of these, three wounds were cavity deep and rest i.e. 4 were only skin deep. There was collection of blood. 2. Gun shot wounds six in number 1/4" x 1/4" into muscle deep on the medial side of the left upper arm in an area of 4" x 1 1/2" x fracture of the numerous bone in its lower one third. No blackening present in wound. Three pellets were taken out of these wounds from the muscle tissue. Three wounds were only skin deep and no pallet was felt or found. 3. Gun shot wounds six 1/2" x 1/2" oval in shape, vertical diameter more on the back, the central wound over the Vth thorasic vertebra and two wounds on its left and 3 on the right in an area of 4" x 4 1/2" - -3 pellets found from the deep muscle of the back and there are path of 3 pellets into the cavity, one of them breaking the Vth vertebra. 4. L.W. 1 1/2" x 3/4" on the right shoulder on front and upper part, muscle tissues coming out and track was seen up to the cavity.;