- (1.) MR . A. Kumar Singh appeared on behalf of the appellant and Mr. Mahendra Singh Yadav, learned AGA appeared on behalf of the State.
(2.) WE heard arguments on 11.3.2015 and the judgment was reserved.
(3.) THE present criminal appeal has been preferred against the judgment and order of conviction dated 13.3.1987 passed by VI Additional Sessions Judge Etah in Sessions Trial No. 182 of 1986 State Vs. Munendra @ Munna, arising out of Case Crime No. 190/85, under Section 302 IPC. The appellant was convicted and sentenced under Section 302 IPC to undergo rigorous imprisonment for life. Brief facts of the prosecution case are that on 16.12.1985 at about 8.30 P.M., when accused Munendra @ Munna reached at his house situated in village Rampura P.S. Patiali, his wife deceased Smt. Sudha Devi asked that accused -appellant used to remain wandering as vagabond and did not do any work. She used some filthy language and derogatory remarks which could not be tolerated by the appellant who became annoyed and he fired 2 -3 shots with countrymade pistol at deceased Smt. Sudha Devi. She expired on the spot. The accused ran away from the spot. Witnesses Ram Das, Onkar Singh and Subhash Singh reached at the scene of occurrence and they saw the incident. Ram Das Singh PW -1 lodged the F.I.R. at P.S. Patiali on 17.12.1985 at 7 A.M. The case was registered as Case Crime No. 190/85, under section 304 IPC. The check FIR is Ext. KA -2. Thereafter Sub Inspector Sri Virendra Pratap Singh started the investigation. He prepared the inquest report of the dead body of Smt. Sudha Devi (Ext. KA -4) in presence of witnesses and also prepared other relevant papers. The dead body was sent for conducting post mortem through Constables Randhir Singh and Vijendra Singh. The I.O. inspected the place of occurrence and prepared the site plan Ext. KA -10. He recovered blood stained and simple earth from the place of occurrence and the same were sent in two separate containers. Dr. Onkar Singh, Medical Officer District Hospital Etah conducted post mortem of deceased. He found the following injuries on the dead body of deceased Smt. Sudha Devi: 1.Gunshot wound of entry 4 cm x 5 cm x cavity deep on right side of abdomen 13 cm. from umbilicus loops of intestines coming out, blackening present around the wound, margins inverted and lacerated. Direction right to left and backward. 2.Fire -arm wound of entry 3 cm x 3 cm x cavity deep on lateral side of abdomen on left side, 14 cm. below the left nipple, blackening present and loop of intestine come out, margins inverted and lacerated. 3.Blazed fire -arm wound 3 cm x 5 cm x muscle deep, blackening present on anterior medial side of left upper arm, near to elbow joint (left). Direction was left to right and backward and on onward. On internal examination haematoma was present in injuries nos. 1 and 2. Peritoneum lacerated under injuries nos. 1 and 2. Abdomen cavity contains mixed free and clotted blood along with unidentified food material. Stomach was lacerated. Small intestines and large intestine were found lacerated at different places. Liver and spleen lacerated. In the uterus dead foetus was present. The death was caused due to shock and haemorrhage as a result of ante -mortem injuries.;