- (1.) Under challenge in this appeal is the judgment and order dated 3.3.2006 passed by learned Additional Sessions Judge/Special Judge, SC/ST Act, Fatehpur in Sessions Trial No. 163 of 2003 under Section 302 I.P.C. and connected Sessions Trial No. 164 of 2003 under Section 25 of the Arms Act, Police Station Asothar, District Fatehpur arising out of Case Crime No. 158 of 2002 and 159 of 2002 of the same police station, whereby appellant Shiv Bodhan was tried for the offence under Section 302 I.P.C. and under Section 25 of the Arms Act. He was convicted for the offence under Section 302 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 10,000/- with default stipulation of two years rigorous imprisonment. He was further convicted for the offence under Section 25 of the Arms Act and was sentenced with imprisonment for a period of five years and also with fine of Rs. 2,000/- only with default stipulation of six months rigorous imprisonment. Both the sentences were directed to run concurrently.
(2.) In brief, the case of the prosecution was that Shri Ram Kumar, who happens to be the father of the deceased (Sundi Devi aged about 25 years) lodged an F.I.R. at Police Station Asothar on 27.11.2002 at 18:15 hours alleging there in that his daughter Sundi Devi was married with Shiv Babu. After 2-3 years of her marriage, Shiv Babu died. After the death of the husband of Sundi Devi there was litigation with appellant Shiv Bodhan, who happens to be her uncle in law. After the death of her son, mother in law of Sundi Devi started living with the appellant as his wife. Sundi Devi was residing with the complainant at Village Teekar and appellant lives in Village Lodhaura, Police Station Kisanpur. Appellant Shiv Bodhan pressurized the daughter of the complainant to withdraw the litigation and also used to threat her with dire consequences. He also used to pressurize the complainant for compromise. On 27.11.2002 Sundi Devi was coming back from the field with the collected fodder for her cattles. While she was on her way back to her house with the load of fodder (gfj;kyh) then appellant, who was hiding himself in a field, came out of the field and fired a shot on Sundi Devi, due to which she fell down and cried. Hearing the noise, several persons of the village reached there, who saw the appellant Shiv Bodhan running away with country made pistol in his hand after causing injuries to Sundi Devi. The complainant along with Sundi Devi went to the police station to lodge the F.I.R. After registering the F.I.R. under Section 307 I.P.C., Sundi Devi was referred for her medical examination, which took place on 27.11.2002 at 7:50 p.m. at District Hospital Fatehpur and following injuries were found on her body:- (i) Firearm injury .5 c.m. x .5 c.m. x muscle deep present on the right side of back 10 c.m. away from the inferior angle of the right scapula and 1 c.m. away from the mid line. Blackening around the wound was present and margins of the wounds were inverted. General condition of the patient was reported to be low. She was fully conscious. In the opinion of the doctor, the injury was caused by firearm, which was kept under observation.
(3.) During investigation, the place of occurrence was inspected and its site plan was prepared and on the same day. During the pendency of the investigation, Sundi Devi (deceased) succumbed to her injuries on 30.11.2002. Her postmortem took place on 1.12.2002 at 4:00 p.m. at District Hospital, Fatehpur and following ante-mortem injuries were found on her body:- (i) Stitched wound present over outer abdomen wall in right paradian area 13 c.m. below right nipple length of incision is 22 c.m., number of stitches is 11. Pus collection seen in stitching. (ii) Surgical hole present in anterior abdomen wall on right side size 1 c.m. x 1 c.m., 4 c.m. lateral to stitch line communicating to abdominal cavity. Margins are everted. (iii) Surgical hole size 1 c.m. x 0.5 c.m. present over outer abdominal wall on right side 3 c.m. below injury no. 2. (iv) Firearm wound of entry present over back on right side 1.5 c.m. from mide line size 1 c.m. x 0.5 c.m., 13 c.m. below angle of scapula (right). Bleeding present all around wound in an area of 8 c.m. x 5 c.m. wound is communicating to abdominal cavity on right side.;