- (1.) K. C. Bhargava, J. This appeal is detected against the judgment and order dated December 12,1979 passed by the IVth Additional Sessions Judge, Unnao convicting both the appellants under Section 302 read with Section 34, of the Indian Penal Code and sentencing them imprisonment for life and to pay a Fine of Rs. 1000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year, further convicting appellant Chunnoo alias Om Prakash under Section 324 of the Indian Penal Code and sentencing him to one year's rigorous imprisonment and to pay fine of Rs. 500/- and in default of payment of fine to undergo rigorous imprisonment for a period of six months. Both the sentences are to run concurrently.
(2.) THIS unfortunate incident happened on August 15,1978, at 5. 00 P. M. in which one Ram Kumar is alleged to have been done to death by the appellants. The prosecution case as disclosed in the first information report is that about three years before one Mohan son of Devi Deen had been murdered by one Om Prakash alias Chunnoo and Trijugi, the accused persons of the present case, and others. The father of the complainant did pairavi. On account of this enmity Chunnoo alias Om Prakash and Trijugi appellants and others fired shots at his father the case of which is pending before the Court. Since then Trijugi and others are having enmity with his father. A case under Sections 107-166, Cr. P. C. was also fought between the father of the complainant and Trijugi. On the date of incident viz. August 15, 1978, the father of the complainant, Ram Kumar was going from his flour mill to his house. His servant Mohan Gudia (P. W 3) was ploughing the field. His deceased father sat on the mend of the field and started talking to Mohan. In the meantime Trijugi armed with a gun and Chunnoo alias Om Prakash, appellant No. 2, armed with a D. B. B. L. gun came alongwith one unknown person who was armed with a Katta. Chunnoo alias Om Prakash fired a shot from behind which hit the father of the complainant on account of which he fell down in the field. On raising alarm Ram Rani wife of Mohan (P. W 3) and his daughter Km. Ram Piyara came towards the place of the occurrence. On this Trijugi, appellant No. 1, came out of the field and started saying that Ram Kumar deceased was still alive and he should be killed. Thereupon he fired a shot towards his father which hit him on his mouth. Trijugi also assaulted his deceased father by means of the Butt of the gun. He also cried that if any body comes near him he would be shot dead. Since the wife of Mohan, Smt. Ram Rani (P. W. 1) started going towards the deceased, the accused-appellant No. 2 Om Prakash alias Chunnoo also fired a shot towards her which hit her and she fell down. After the incident the" accused persons alongwith the unknown person ran away from the place of the occurrence. This report was lodged by Dinesh Kumar, son of the deceased Ram Kumar at 5. 45 P. M. on August 15,1978. The police station was only 8 miles from the place of the occurrence. After this report was lodged the investigation was taken over by I. B. Singh (P. W. 5 ). He recorded the statement of Dinesh Kumar at the police station and thereafter went to the place of the occurrence and prepared the inquest report, photo of the dead body and the cnallan of the dead body etc. He also took blood stained earth from the place of the occurrence and the shirt of the deceased in his possession. The dead body of Ram Kumar was sealed and was sent for post-mortem examination. He also found Smt. Ram Rani (P. W1) in injured condition and she was also sent for medical examination. After completing the investigation he sub mitted charge-sheet against both the appellants. The post-mortem examination of the body of deceased Ram Kumar was conducted by Dr. M. T. A. Khan on August 16,1978, at about 4. 00 P. M. He found the following ante-mortem injuries on the person of the deceased. (1) Gunshot wound of entrance 3 c. m. x 2 c. m. on left side cheek between eye and ear, communicating with wound of exit on right side of cheek. Skin around wound is charred, lattoing present. (2) Gunshot wound 1/2 c. m. circular on left lobula of ear and wound of entry on left mastoid bone on back of left ear lobule. (3) Lacerated wound on right cheek with margins averted. (4) Gunshot wound of entrance 1/2 c. m. circular margins inverted on left side of chest upper part below shoulder. (5) Abrasion 2 c. m. x 1 c. m. with charring front of left shoulder. (6) Gunshot wound of exit on upper end of back between both shoulder blades over the vertebral column. (7)Gunshot wound of entrance on left arm 1-1/2 c. m. circular back side upper part. (8) Gunshot wound of entry 2 c. m. circular on right buttock at ischial tuberosity. (9) Gunshot wound of exit on right side of chest at level of nipple at mid axillary and posterior axillary line. (10) Gunshot wound right arm medial side. Right numerous bane broken. On the internal examination of the dead body he found that nasal zygomatic and mustoid bones were broken and vertebral column was also broken. He also found two pieces of cork and seven pieces of pellets from the dead body. In the opinion of the doctor the death was caused on account of the shock and haemorrhage which was the result of the antemortem injuries.
(3.) DR. S. N. Misra (P. W. 7) examined the injuries of Smt. Ram Rani wife of Mohan (P. W. I) on August 16, 1978, at 2. 00 A. M. and found the following four injuries other person: (1) Fire-arm wound present on the anterior aspect of the right thigh measuring 1. 4 c. m. x 1. 2 x muscle deep, 6 cms. below the right anterior superior iliac spine. Margins are irregular edges lacerated, nearly circular in shape. Margins have been blackened, blackish colour blood was coming out of the wound. No F. B. could be found inside this wound. (2) A fire-arm wound present on the anterior surface of the knee joint (right), measuring 4 c. m. x 6 x muscle deep, irregular edges lacerated. Margins had been blackened out with the surrounding skin. No. F. B. present inside the wound. (3) A fire-arm wound 8 c. m. 6 x. m. present on the lateral aspect of the right knee joint 25 c. m. above of the ankle joint. Margins irregular, edges lacerated. No blood is coming out. No. F. B. was present in the wound. Muscle deep surrounding skin blackening. (4) A fire-arm wound 8 c. m. x. 1 c. m. present on the medial aspect of the left knee joint 38. 5 c. m. below and medial of the left interior, superior iliac spine, shape, oval, on blood was coming out of the wound. No. F. B. was present inside the wound. Muscle deep margins irregular, edges lacerated. All the injuries had been kept under observation and advised X- ray for confirmation of the present of any F. B. inside the wound. All the injuries were caused by the fire arm. Duration about 1/2 day only. After committal of the case to the Court of Sessions the prosecution examined seven witnesses in all out of which the witnesses of fact are Smt. Ram Rani (P. W. I) who is also an injured witness, Dinesh Kumar (P. W. 2) and Mohan (P. W. 3 ).;