- (1.) N. B. Astiiana, J. Accused Ayodhya Singh has filed this appeal against the judgment and order dated 5-5-82 passed by the then learned Sessions Judge, Banda in S. T. No. 385/81 (Case Crime No. 112 under Sections 302/307, I. P. C. , P. S. Pailani, Banda) convicting him for having committed the murder of Amar Singh along with one unknown person 18th July, 1981 at about 12-30 p. m. in the Chaupal of Jwala Singh in village- Chandwara, P. S. Pailani, Banda and also for causing injuries to Smt. Sushila with the intention of committing her murder at the door of the house of Haura Singh in Village-Chandward, P. S. Pailani upon the same date and time as aforesaid and sentencing him to undergo life imprisonment under the first count and seven rigorous imprisonment under the second count.
(2.) THE prosecution story, in brief, is that Smt. Sharda, widow of Gaya Singh (brother of the appellant) was joint with the appellant. She wanted to have a partition and her share separated. She asked the appellant for the partition but did not listen. On the other hand he started abusing and beating Ver. Smt. Sharda came to PW-1, Bhura Singh and wanted his help for getting the partition done. PW-1, Bhura Singh, collected some respectable persons of the village. A Panchayat was held in the month of Kwanr about two months prior to the incident in question, in which Smt. Sharda was given her half share. THEreafter Smt. Sharda started visiting the house of PW 1, Bhura Singh. THE appellant felt annoyed with PW-1, Bhura Singh, for the aforesaid reasons. At the time of alleged incident the complainant PW-1, Bhura Singh after taking meal was resting on the roof of his house. His wife PW-1, Susheela and their daughter PW-5, Santosh Kumari, after taking meals were sitting near the door of their house. Deceased, Amar Singh son PW-1, Bhura Singh after taking meals was at the Ciiaupal of Jwala Singh. PW-2, Badkn Singh, real brother of PW-4, Susheeki, who ha I come to take her to his house, PW-6, Hazari cousin of PW-1, Bhura Singh, Krishna Pal, Ram Autar, Ram Kishan, Ram Vishal and Shiv Balak were also there. PW- 2, Badku Singh, deceased Amar Singh, Krishna Pal aad Ram Autar were playing cards while sitting over a cot. PW-6, Hazari Lal and Ram Vishal were sitting in the Chaupal while Shiv Balak Singh was sitting on the Chabutra outside the Chaupal. This Chaupal is at a distance of about 50 paces from the house of PW-1, Bhura Singh, and is not visible from there. It was about 12-30 p. m. when the appellant armed with a DBBL gun and an unknown person armed with a country-made pistol came there. Appellant shouted that he will kill Amar Singh and asked other persons over the cot to get a way if their life was dear to them. PW-2, Badku Singh, Krishna Pal Ram Autar got off the cot. Deceased Amar Singh was also trying to go away when the appellant fired upon him killing him instantaneously. Both of them, came to the door of the house of PW-1, Bhura Singh. They enquired from PW-4, Shusheela, as to where PW-1, Bhura Singh was. She replied that he had gone somewhere in the village after taking meals whereupon the companion of the appellant said that she be killed as she was not speaking the truth whereupon the appel lant fired PW-4, Shusheela, causing her injuries. Upon hearing this fire PW-1, Bhura Singh came down from the roof, saw his wife lying injured in a pool of blood and the appellant and his companion going briskly towards the western side. PW-4, Susheela, told him about this incident. In the meantime PW-2, Badku Singh and PW-6, Hazari came there and told about the incident at the Chaupal. PW-1, Bhura Singh rushed to the Chaupal and found his son dead over the cot. He then returned to his house and started for police station in a cart along with PW- 4, Susheela P. S. In Pailani one Bhaiya Lal of village-Marakka met him who also accompanied PW-1, Bhura Singh, to the Police Station. Out side the police station PW-1 Bhura Singh purchased paper from a shop and got written from Bhaiya Lal Ex. Ka-1 the F. I. R. of this occurrence. This report was handed over to H. M. Munnu Singh at the police station at 8-20 p. m. at a distance of 16 Kms. from the place of incident. On the basis of this report H. M. Munnu Singh prepared the chik report Ext. Ka-6, made its entry Ext. Ka-7 in the G. D. and registered a case. These papers have been proved by PW-9 S. I. Rampati Mishra I. O. He also recorded the statements of PW-1, Bhura Singh and PW-4, Susheela at the police station. He then started for the place of occurrence reaching there at 4. 00 a. m. He inspected the deadbody which was laying over a cot in the Chaupal. He appointed Panchas, prepared the Panchayatnama (Ext. Ka-8) and other required papers. The dead body was sealed and sent for post- mortem examination through PW-8, Constable Mohiuddin and Constable Radhan Charan Lal. He collected blood stained and simple earth from the Chaupal as well as from the door of the house of PW- 1, Bhura Singh. He also collected pieces of broken bangles one mala of Mongra, sealed them in separate packets and prepared memos thereafter. He also prepared the site plan Ext. Ka-26. He recorded the statements of the witnesses and searched for the appellant, who was absconding. Proceedings under Sections 82 and 83, Cr. P. C. were also taken. He surrendered in the court on 3-10-81. The investigator also recorded the statements of the witnesses and after completing the investigation submitted charge- sheet Ext. Ka-25 against the appellant. It appears his companion could not he traced out. Pw-3 Dr. C. J. Gupta, Medical Officer, District Hospital, Banda, conducted the post-mortem examination upon the dead body of Amar Singh. He found the following ante-mortem injuries: (1) Gun-shot wound entry 2 cm. X 2 cm. chest cavity deep on the right side chest 12 cm. lateral to mid vertebrae spine and at the level of inferior angle of scapula. Margins were lacerated and inverted with abraded collar. No blackening, no charring, no tattooing was found. The direction of the injury was inward and towards left outer side and anterior side underneath. 6th and 7th ribs right side posterior aspect were fractured. Left and right lungs were lacerated and perforated at places. (2) Gun-shot wounds to exit in area 10 cm. X 9 cm. communicating to injury No. 1 each measuring 1. 5 cm. X 1. 5 cm. , communicating to injury No. 1 on left side front of chest, 4. 5 cm. above lateral to left nipple at 2o' clock position. Margins were lacerated and inverted second and third ribs underneath found fractured at the site of the wound.
(3.) UPON internal examination pleura was found lacerated and perforat ed. Left and right lungs were also lacerated and perforated. About a litre free and clotted blood was found present in chest cavity. 100 gms. of semi-digested food was found in stomach. According to the doctor, death was caused due to shock and haemorrhage as a result of ante-mortem injuries. He was examined as PW-3. In his statements he proved the post-mortem report Ext, Ka-4 and gave out that these injuries were sufficient in the ordinary course to cause death and that the deceased may have died on 18-7-81 at 12-30 p. m. The injured Smt. Susheela was examined by PW-7, Dr. D. S. Rana on 18-7-81 at 11. 30 p. m. He found the following injuries:- (1) Gun-shot wound of entry on the back and medial aspect of left hand 2 cm. X 2 cm. hand content deep, margine were inverted, blackening and charring were present. The injury was directed inward, upward and towards lateral aspect of hand and front of the hand thumb and palm with lacerated wound 6 cm. X 5 cm. bone deep in continuation of the injury. Situated 2 cm. below the lower end of also (wrist joint ). (2) Gun-shot wound of exit on the front (palm) and lateral aspect of left hand 8 cm. X 6 cm. through and through. Some bone parts were missing and thumb was hanging with skin and soft tissues. Margins were everted. Wound was communicating with injury No. 1. (3) Seven gun-shot wounds of entry on the front and medial upper part of chest and neck on left side of neck each measuring 0. 5 cm. X 8. 5 cm. , chest and neck content deep. Margins were inverted. Abraded collar was found present. No blackening or charring was seen the injury was directed upward and backward in an area of 8 cm. X 5. 5 cm. (4) Four gun shot wounds of entry in an area of 11 cm. X 7 cm. on the right side upper part of chest front and medial side. Each one measured 0. 5 cm. chest content deep. Margins were inverted. Abraded collar was present. The wounds were directed inwards and upwards and backwards. No blackening or charring was present. According to the doctor injuries were about half a day could have been caused on the same day at 12-30 p. m. In his examination he proved the injury report, Ext. Ka-5.;