M.C.JAIN, J. - (1.) THIS appeal has been directed by the State against the judgment and order dated 25 -2 -1981 passed by Sri O.P. Srivastava, the then Sessions Judge, Shahjahanpur in ST No. 355 of 1980 acquitting the two accused -respondents Sukhdeep Singh alias Deep Singh and Raje.
(2.) THE incident took place on 5 -6 -1980 at 9.00 a.m. in village Nataura, Police Station Banda, District Shahjahanpur and the F.I.R. was lodged the same day at 1.30 p.m. by Gurubachan PW 2. The case, as unfolded from the F.I.R. and the evidence adduced in the Court, was like this : Two accused -respondents were friends between themselves while complainant Gurubachan Singh and Karam Singh deceased were real brothers. Balvendra Singh real brother of the accused Sukhdeep Singh alias Deep Singh had some dispute with Kashmir Singh of Marauri. Kashmir Singh was involved in some murder case. Therefore, Karam Singh used to look after his cultivation. About a month before the present incident, two accused -respondents came to the Jhala of the complainant and threatened Karam Singh to leave the company of Kashmir Singh as otherwise they would shoot him. On the day of the incident, i.e. 5 -6 -1980, both the accused -respondents again came to the jhala of the complainant in the morning at about 6.00 a.m. and at the that time Sukhdeep Singh alias Deep Singh was carrying rifle of his brother Balvendra Singh while accused Raje was holding a gun. These two said to the complainant and the deceased Karam Singh that they should not feel bad of their (accused's) previous conduct and threat, offering to strike a compromise in case the complainant and the deceased left the company of the Kashmir Singh and did not speak ill of them (accused). The complainant replied that they would do as desired by them. Both the accused then asked them to accompany to Gurudwara Kuinya Maholiya and to take an oath in that Gurudwara in this regard so that their other associates present there might know about it. Accordingly, the complainant as well as the deceased started alongwith the accused for going to the Gurudwara for the above purpose. They first went to Village Nataura wherefrom the complainant took his Bahnoi Mahendra Singh and his uncle Darshan Singh, telling them as to what has been agreed between the two sides. All these persons were then going together reaching towards the south of the village Nataura at a distance of about two furlongs away. The complainant Gurubachan Singh, Mahendra Singh and Darshan Singh were going at a distance of about 15 or 20 paces, following the two accused and Karam Singh who were going ahead. As soon as the two accused and deceased reached at the crossing of village, Natura, Raje suddenly caught hold of the victim Karam Singh while Sukhdeep Singh alias Deep Singh opened shot which struck him (Karam Singh). He fell down at the spot near a mango tree. The complainant and others raised alarm and Sukhdeep Singh alias Deep Singh fired another shot on them but it did not hit anybody. Thereafter the two accused ran away towards west. Ninder Singh working in his field at that time arrived at the spot and he also saw the incident. Karam Singh died instantaneously. The complainant then went to the Police Station where he lodged the F.I.R. on the basis of which a case was registered and investigation started by SI Raghu Singh PW 7 which was concluded by SI Ranvir Singh PW 6. The first Investigating Officer reached the spot and busied himself with the activities related to the investigation of the case including preparation of the inquest report of the dead body of the deceased. The dead body was sealed and sent for post - mortem which was conducted on 6 -6 -1980 at 4.15 p.m. by Dr. C.P. Srivastava PW 1. Outcome of the post -mortem may be related. The deceased was aged about 17 years and about one day had passed since he died. The following ante -mortem injuries were found on his person: (1) Gun shot wound of entry 0.8 cm x 0.8 cm on the epigastric region 3 cm left and lateral to the midline. No blackening, charring and tattooing. Direction of wound medically backward and slightly upward. (2) Gun shot wound of exit 2 cm x 2 cm on the right side back of chest at the level of inferior angle of right scapula. Communicating with injury No. 1.
(3.) THE death had occurred due to shock and haemorrhage as a result of ante -mortem injuries.;