M.C.JAIN,J. - (1.) THE State has preferred this appeal against judgment of acquittal recorded by Sessions Judge, Banda on 13 -1 -1998 in S.T. Nos. 92 of 1997 and 116 of 1997 which were tried together. The first two respondents Nanku Patel and Heera Lal were accused in the first mentioned sessions trial whereas Baura alias Rama Kant was accused in the latter sessions trial.
(2.) THE facts may be stated briefly. One Salig Ram was murdered in this incident on 21 -12 -1996 at about 4.30 p.m. near Primary Pathshala in village Mungaura which was eight kms. away from the Police Station Naraini and F.I.R. was lodged by his son Vijai Kumar Misra PW 1 who claimed himself to be an eye -witness the same night at 8.30 p.m. Only Nanku Patel and Heera Lal were named in the F.I.R. It was stated that there were two other unknown assailants. One Satya Narain brother of Nanku was murdered in 1993 and he suspected that it was deceased Salig Ram who was instrumental in getting him murdered and he very often used to say so. For this reason, Nanku Patel and deceased Salig Ram were not on speaking terms. On the eventful day, the deceased with his son Vijai Kumar PW 1, one Raj Kishore Tiwari and Shiv Narain Dixit PW 2 was coming from his paddy field. Salig Ram was a bit ahead of other persons. When these persons reached in front of the field of Nanku near Primary Pathshala, they saw that the accused Nanku armed with DBBL gun, Heera Lal with rifle and two unknown persons armed with lathis were standing there. On spotting Salig Ram, Nanku exhorted his companions shouting aloud that he was the person who got killed his brother and he should not be spared. All the accused then encircled Salig Ram. Nanku fired on him which caused injuries to him. Salig Ram fell down on the mend of accused Nanku Patel and then Heera Lal fired rifle shot at his chest. The two persons armed with lathis started giving lathi blows to him and Nanku again fired from his DBBL gun on his face. The complainant with others raised alarm attracting several persons from the village. The accused ran away towards the river. Salig Ram died on the spot. A cot was brought from the village and his dead -body was taken to his door from safety point of view. Vijai Kumar then wrote F.I.R. and went to Police Station where he lodged it. On the basis of it, a chick was prepared and case registered. The investigation followed as usual at the hands of Arvind Misra PW 5 the then S.O. of Police Station concerned. He reached the spot in the night itself but because of insufficient arrangement of light, the inquest report was prepared by him in the morning. The statements of the witnesses were recorded. The dead -body was sealed and sent for post -mortem. He also did other activities related to the investigation of the case.
(3.) AUTOPSY on the dead -body of the deceased was conducted on 22 -12 -1996 at 4 p.m. by Dr. D.C. Srivastava PW 6. The deceased was aged about 45 years and about one day had passed since he died. The following ante mortem injuries were found on his person: (1) Gunshot wound of entry 2 cms. x 2 cms x chest cavity deep on front of right side of chest 5 cms. away from right nipple at 3 O'clock position. Blackening, scorching and tattooing were present around the wound. It was communicating with injury No. 2 i.e. wound of exit. (2) Gunshot wound of exit 2 cms x 2 cms. on right half of back 7 cms. below lower angle of scapula and 3 cms. away from midline. It was communicating with wound of entry -Injury No. 1. There was lot of blood in right side chest cavity. Right Atrium and lung found torn and lacerated. One rib fractured underneath wound of exit. (3) Gunshot wound of entry 2 cms. x 2cms. x cranial cavity deep and communicating with wound of exit (Injury No. 4) on left side of forehead 0.5 cm. above the middle third of eye brow. Blackening, tattooing and scorching were present. (4) Gunshot wound of exit 2 cms. x 2 cms. x cranial cavity deep and communicating with injury No. 3 (wound of entry) on right side of neck just below mastoid. (5) Lacerated wound 1 cm x 1 cm x scalp deep on left side of forehead 4 cms above the outer end of eye brow. (6) Lacerated wound 2 cms x 1 cm x scalp deep on left side of forehead, 1 cm above injury No. 5. (7) Lacerated wound 1.5 cms x 1 cm x bone deep on left side of forehead 1 cm medial to injury No. 6. (8) Lacerated wound 1.5 cm x 1 cm x bone deep on left side of forehead, 1.5 cms medial to injury No. 7. (9) Lacerated wound 6 cms x 3 cms x cranial cavity deep on right side of forehead, just above eye brow extending upto midline. (10) Lacerated wound 9 cms x 3 cms x nasal cavity deep on front and across the upper part of nose and midline extending more on right side. Nasal bones were fractured. (11) Abraded contusion 10 cms x 4 cm on left side of face 3 cms in front of ear. (12) Lacerated wound 1 cm x 0.5 cm x muscle deep on lower lip right side. (13) Lacerated wound 1 cm x 0.5 cm x muscle deep on chin. (14) Abraded contusion 5 cms x 4 cms on top of right shoulder. (15) Abraded contusion 4 cms x 1 cm on outer side of right shoulder. (16) Contusion 4 cms x 2 cms on back of right upper arm 10 cms above elbow. There was fracture of humerus. (17) Lacerated wound 3 cms x 2 cms on top of head. It was scalp deep. ;