G.P.Srivastva, J. - (1.) This appeal has been preferred against the judgment and sentence dated 5 4.05 passed by the learned Addl. Sessions Judge, J.P. Nagar convicting the appellant and sentencing by capital sentence (death sentence) in Session Trial No. 613 of 2001 State v. Mohan Lal under Section 302 I.P.C., PS. Gajraula district J. P. Nagar.
(2.) The prosecution case in brief is that the informant Iqbal Ahmad is resident of village Salempur Gosai P.S. Gajraula district J.P. Nagar. His father deceased Hasamuddin had a Government Ration shop of Kerosene oil and sugar in the said village. On 4.8.2001 at about 4.30 P.M. deceased Hasanuddin was sitting at his shop as usual. The informant Iqbal Ahmad, Shamim, Imamuddin and Vidyadhar of the same village were also present. The accused Mohan Lal came to the shop and demanded 20 liters kerosene oil from the deceased The deceased refused to give kerosene oil without ration card which infuriated the accused The accused hurled filthy abuses and examined that he will not leave the deceased alive. The accused picked out a country made pistol and fired upon the deceased which hit his chest. The deceased died due to the said injuries when he was taken to Government hospital Gajraula. in the way. The informant Iqbal Ahmad submitted a written report Ext. Ka-1 at P.S. Gajraula on the same day at about 17.15 hours. A chick F.I.R. was prepared and a case was registered vide G.D. No. dated 4.8.01 at about 17.15 P.M. under Section 302 I.P.C. The Investigation was entrusted to S.O. Gambhir Singh. The Investigating Officer visited the place of occurrence picked up blood stained and plain earth, sealed the same and prepared memo Ext. Ka-14. After inquest the dead body of the deceased was sent for post mortem. The post mortem of the dead body of the deceased was conducted by Dr. Megh Singh, P.W.3 on 5.8.01 at about 1.45 P.M. According to the opinion of the doctor the death was caused due to shock and haemorrhage as a result of ante mortem injuries. The post mortem report is Ext. Ka-2. The doctor found following ante mortem injuries on the body of the deceased: 1. Gun shot wound of entry 4 cm x 2.5 cm chest cavity deep (through & through) over left side of front of chest 7 cm above the left nipple Blackening & charring present around the wound, margins are inverted. 2. Gun shot wound of Exit 1 cm x 1 cm over left side back of chest 4 cm below the tip of scapula (left) and 8 cm lateral to mid lines, margins are everted. The second Investigating Officer, S.O. Manohar Singh P.W.4 started investigation w.e.f. 8.9.2001. He recorded the statement of the accused in jail and the accused promised to get the country made pistol with empty cartridge recovered through whom he has committed the murder of the deceased. The investigating Officer took the accused on remand on 4.11.01. The Investigating Officer on his pointing got the country made pistol with an empty cartridge in its barrel recovered from the field of one Om Prakash Goel. The recovered article was sealed and was sent for ballistic examination to Vidhi Vigyan Pryogshala. A report has been received from Vidhi Vigyan' Prayogshala dated 14.2.03 which shows that the disputed cartridge was fired from the country made pistol recovered at the pointing of the accused. After usual investigation a charge sheet was submitted against the accused.
(3.) The case of the accused was committed to the court of Session. The learned Sessions Judge, J.P. Nagar framed charge against the accused under Section 302 I.P.C. The accused pleaded not guilty and claimed trial.;