Surendra Vikram Singh Rathore, J. - (1.) MR . Udai Pratap Singh, learned counsel for the appellant and Sri Subodh Kumar Shukla, learned counsel for the complainant and Ms. Madhulika Yadav, learned Additional Government Advocate were heard.
(2.) UNDER Challenge in the instant criminal appeal is the judgment and order dated 12.10.2009 passed by learned Additional Sessions Judge, (F.T.C. -I), Lakhimpur Kheri, in Sessions Trial No. 681 of 2006, arising out of Case Crime No. 558 of 2006, Police Station Khiri, District Lakhimpur Kheri under Ss. 302, 504 and 506 IPC whereby the appellant Ravinder was convicted for the offence under Sec. 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs. 2,000/ - with default stipulation of one year additional rigorous imprisonment. He was further convicted for the offence under Sec. 504 IPC and was sentenced to undergo rigorous imprisonment for a period of one year. He was also convicted for the offence under Sec. 506(2) IPC and was sentenced to undergo rigorous imprisonment for a period of one year. All the sentences were directed to run concurrently.
(3.) BRIEF facts of the case are that the complainant Awadhesh Kumar lodged an FIR at Police Station Khiri, District Lakhimpur Kheri on 11.07.2006 at 18:45 hours alleging therein that on 11.07.2006 at about 5:30 p.m. his mother Smt. Lajjawati was making complaint to Ravinder Verma (appellant) regarding bad behaviour of his nephew Vishun Kumar. At that time, Sudhir @ Ramaudh, Rakesh, Vishun Kumar were also present there. When the mother of the complainant was making complaint in the meanwhile all the above named four persons started quarrelling with his mother. In the meanwhile, the brother of the complainant Anoop Kumar and his father Ram Lakhan also reached there. Then all the four accused persons were asked by these persons to go away from there. Feeling annoyed by this conduct of the complainant side Vishun Kumar, Rakesh Kumar and Sudhir @ Ramaudh exhorted Ravinder to fire at the deceased and Ravinder Kumar with his countrymade pistol fired on the mother of the complainant. The complainant alongwith other persons took his injured mother to police station and lodged the FIR. On the basis of this FIR the case was registered against all the four named accused persons and complainant Smt. Lajjawati was referred for her medical examination which took place on 11.07.2006 at 8:10 p.m. at District Hospital, Kheri, and following injuries were reported on the body of Smt. Lajjawati: - - "(A) Numerous small burn points on posterior aspect of right forearm and dorsum of right hand. (B) Firearm wound of entry on right side of abdomen 7cm lateral to umbilicus at 10 O' clock position wound measuring 1.3 cm x 1 cm x cavity deep. Margin of the wounds were abraded blackened and lacerated and inverted. Wound was surrounded by small tiny burn point numerous in number in area of 21 cm x 18 cm. X -ray advised. (C) Fire arm wound on lateral aspect left abdomen 3 cm above from iliac crest. Wound measuring 2.3 cm x 1.5 cm x cavity deep. Margin of wounds were lacerated, everted. X -ray was advised and the general condition was reported to be very poor." In the opinion of the doctor, the injuries were caused by fire arm, kept under observation and X -ray was advised and duration was fresh. Initially the case was registered under Sec. 307, 504, 506/34 IPC but because of the death of Smt. Lajjawati in District Hospital, Kheri, on 11.07.2006 at 8.40 p.m. the case was converted under Sec. 302 IPC vide G.D. No. 40 at 22:10 hours on 11.07.2006. The inquest proceedings were conducted in the District Hospital mortuary and after completing the formalities the postmortem on the body of the deceased Smt. Lajjawati was conducted on 12.07.2006 at 4:30 p.m. and following ante -mortem injuries were reported: - - "(i) Fire arm wound of entry 1 cm x 1 cm x abdominal cavity deep on right side of the abdomen 6 cm away from umbilicus at 10 O' clock position. Margins were inverted irregular echomoised blackening and tattooing present around wound. (ii) Fire arm wound of exit 2 cm x 2 cm x abdominal cavity deep on left side of abdomen on back at 8 cm away from midline at 9 O' clock position. Margins everted irregular and echomoised. On dissection underlying peritoneum, liver, pancreas and small intestine were found lacerated and two liters clotted fluid blood was found in abdominal cavity." Injury No. 1 was communicated to injury No. 2 through and through. In the opinion of the doctor, the cause of death was shock and haemorrhage as a result of ante -mortem fire arm injuries.;