IMTIYAZ MURTAZA,J. - (1.) THIS appeal is directed against the judgment and order dated 20 -3 -2001 passed by VI Addl. Sessions Judge, Muzaffarnagar in S.T. No. 258 of 1992, State v. Narendra & Ors., whereby the appellants have been convicted under Section 302/34 I.P.C. and sentenced to imprisonment for life.
(2.) THE brief facts of the case, mentioned in the report lodged by Vinay Kumar at police station Kotwali Shahar, Bijnor, are that he lives in Bijnor and is an Advocate by profession. He has agricultural field in Mauza Suahedi where his Thresher and Tube Well are situated. On 15 -6 -1992 at about 10.30 -11 a.m. he alongwith his father Ram Charan Singh Vakeel and brother Ajay Kumar, Advocate were coming from their Village to Bijnor in a Maruti Car. When they reached near their Tube Well, they stopped the Car and went towards the Tube Well to see whether the water was running or some work was going on or not, as it was their regular practice. His father stayed near the car. They heard the cries of his father and they proceeded towards the Car and saw that Narendra son of Kishore, Harveer son of Jaipal Singh, Amit Mohan alias Pinki son of Gyanendra Singh and Kamendra alias Chili son of Vishan Singh, who were residents of their village carrying country made pistols, fired at his father who was about 10 -15 steps away from the Car. On raising alarm, Kalloo son of Raghuveer, Sansar son of Raghuveer and Teekam also reached there, the accused persons ran away by firing from their country made pistols. On account of enmity his father was killed. The report was registered at case crime No. 687 of 2002 under Section 302 I.P.C. After the registration of the case S.I. S.K. Sharma commenced the investigation. He recorded the statements of Head Constable Rajendra Kumar Sharma, informant Vinay Kumar and also enquired from Chhotey Singh and Anil Kumar who had accompanied the informant and he reached at the place of occurrence and prepared the site plan, which is Ext. Ka -3. He prepared the inquest memo and also prepared the relevant papers for the post -mortem examination. The inquest memo is Ext. Ka -4. Letter to C.M.O., letter to R.I., photo lash, chalan lash were also prepared, which are Ext. Ka -5 to Ka 8 The dead -body was sealed and handed over to constables Virendra Kumar and Vinod Kumar. He had collected plain and blood stained earth and prepared its recovery memos, which are Ext. Ka -1 and Ka -2. He also collected one empty cartridge of 315 bore and prepared its recovery memo, which is Ext. Ka -10. He had also collected blood stained brick and stones and prepared its recovery memo, which is Ext. Ka -11. The recovery memo of Maruti Car No. DL 3C 7424 was also prepared, which is Ext. Ka -12. Thereafter, he had recorded the statement of Ajay Kumar, Kalloo, Sansar Singh and Teekam. Narendra was arrested on 21 -6 -1992 and one country made Pistol was also recovered from his possession. On 16 -7 -1992 he had dispatched the articles for chemical examination and country made pistol for ballistic expert examination. After the conclusion of the investigation he had submitted the charge -sheet, which is Ext. Ka -13. He had also proved the chik F.I.R. registered by H.C. Rajendra Sharma, which is Ext. Ka -14. G.D. was also prepared. A copy of G.D. is Ext. Ka -15. The post -mortem examination of the deceased Ram Charan Singh was conducted by Dr. Vijay Kumar Goel on 16 -6 -1992 at 9 a.m. and he noted following ante -mortem injuries: (1) Lacerated wound 2.5 cm. x 1/2 cm. x bone deep on skull, occipital part, 12 cm. above left ear; (2) Lacerated wound 4 cm. x 3 cm. x bone deep on post part of skull, 2 cm. above injury No. 1. (3) Lacerated wound 3 cm. x 2 cm. x bone deep on skull, front area, 10 cm. above left eye brow. (4) One big lacerated wound of entry 5 cm. x 3 cm. x very deep in soft issue of neck, blackening and tattooing present in lower border of wound on left side 8 cm. below left ear pinna and going upward with much damage of soft tissues of neck left side neck vessels, carotid arteries, nerves and vessels are lacerated and injured on further dissection a big bullet came out from deeper tissues near base of skull. Cranial vertebrae, trachea and oesophagus normal. (5) Firearm wound of entry 1 cm. x .4 cm. x muscle deep on face, left side, near chin, blackening and tattooing present, 6cm. in front of neck injury No. 4 (6) Three vertical lacerated wounds on chin and above area with lower lip cut through and through due to fire arm wounds of entry, blackening and tattooing + under lying lower jaw is fractured and left maxilla base is also fractured, size of wound is 3 cm. x 1/2 cm., 2.5 cm. x 1/2 cm., 1/2 cm. x 2 cm. x through and through. (7) Three small lacerated wound of entry on back of elbow and upper arm left side, in an area of 17 cm. x 4 cm. blackening and tattooing present. (8) Multiple small, rounded, lacerated wounds of entry present on front of chest and upper abdominal area in an area of 24 cm. x 22 cm. fire arm having blackening and tattooing, few pellets came out from subcutaneous tissue, two from right lung, and muscles of chest wall.
(3.) THE doctor has also recovered from the body 10 pellets and one bullet.;