MUKTESHWAR PRASAD, J. - (1.) THREE accused namely, Rahat Ali, Qaish Mohammad and Ladley have come up in appeal against the judgment and order -dated 30 -7 -1981 passed by the then Additional Sessions Judge, Agra in S.T. Nos. 752 of 1978 and 437 of 1979, whereby he convicted the appellants under Section 307 read with Section 34 of Penal Code and each of them was sentenced to undergo rigorous imprisonment for a term of five years.
(2.) IN brief, the prosecution story as unfolded from the record was as under: PW 1 Mohammad Taslim was Pradhan of village Nagia Mulla P.S. Matsena Firozabad in the year 1977. On 23 -11 -1977. at about 5 p.m. Mohammad Taslim, Merajuddin, Noor Khan and Sadaqat Ali were returning to village Nagla Mulla on bicycle from Firozabad. When they arrived at Bypass tri -crossing ahead of Inspection House, all the three accused named above, appeared there from behind and exhorted each other to kill Mohammad Taslim. They fired shots at Mohammad Taslim with their respective weapons. As a result of which, he sustained gunshot injuries. Out of three accused, Rahat Ali and Qaish Mohammad were carrying single barrel guns and Ladley was having a Tamancha. The witnesses took the injured to S.N. M. Hospital, Firozabad where his injuries were examined by PW 4 Dr. R.K. Jain. Pw 1 Dr. R. K. Jain examined injuries of Taslim on 23.1 1.1977 at 6.15 p.m. and found the following injuries: (1) Gun shot wound of entrance within area 18 cms. x 12 cms. On the left side back, scapular region, seven wounds, average size 1 cms. X 1 cms. x case avity deep (could not to be probed), margins ate inverted and blackening present around his wounds. Fresh bleeding present (advised X -ray). (2) Lacerated wound 6 cms. x 1.5 cms. x muscle deep on the top of left shoulder. Bleeding present (x -ray). (3) Wound of Exit. Lacerated wound 0.5 cms x 0.5 cm. x cavity deep (could not be probed), Margins are averted, irregular and no blackening present, number of wounds three, within area 10 cms. x 8 cms. on the front of left side chest upper part. Fresh bleeding present (advised x -ray chest). (4) Abrasion 2.5 cm. x 1.5 cm. on the left side back scapular region lower part.
(3.) ALL the injuries were fresh at the time of examination and were kept under observation except injury No. 4 which was simple. In the opinion of Dr. Jain, injury Nos. 1 and 2 were caused by firearm and injury No. 3 by blunt object. On X -ray, PW 9 Dr. H.P. Gautam found fracture.;