- (1.) G. P. Srivastava, J. This appeal has been preferred against the judgment and sentence dated 5-4-2005 passed by the learned Additional 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 IPC, P. S. 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 Hasanuddin 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, Shamin, Imamuddin and Vidyadhar of the same village were also present. THE accused Mohan Lal came to the shop and demanded 20 litres 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 exclaimed 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 A-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. 30 dated 4-8-2001 at about 17. 15 p. m. under Section 302 IPC. THE investigation was entrusted to SO 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 5-8-2001 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 and through) over left side of front of chest 7 cm above the left nipple Blackening and 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 4-11-2001. 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 Pryogshala dated 14-2-2003 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. 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 IPC. The accused pleaded not guilty and claimed trial.
(3.) THE prosecution examined PW 1 informant Iqbal Ahmad, PW 2 Vidyadhar Sharma, PW 3 Dr. Megh Singh, PW 4 SO Manohar Singh, PW 5 HC Ramvir Singh and PW 6 CP Harendra Singh. The accused in his statement under Section 313 Cr. P. C. has denied the prosecution case and stated that he will lead no evidence in defence.;