- (1.) V. D. Chaturvedi, J. This criminal appeal is directed against the judgment and order dated 7-1-1982 passed in Sessions Trial No. 363m of 1981 whereby the learned Sessions Judge, Kanpur convicted the appellants under Section 302/34 IPC for the double murder and sentenced them to imprisonment for life, acquitting the co- accused Shyam Baboo and Chhote Lal.
(2.) THE factual matrixes are as under: THE complainant Ram Khelawan son of deceased Bhagirath resident of village Jamrehi, P. S. Bidhnu, District Kanpur submitted on 12-7-1981 at 7. 05 a. m. , a written report Ex. Ka-1 at the police station Bidhnu stating that in the preceding night his father Bhagirath, brother Ram Karan and his mother were lying on the roof of the house whereas he himself was sleeping in the Courtyard; that at about mid of night accused Indal armed with a gun, the accused Sheo Shankar armed with countrymade pistol, accused Shyam Baboo and Chhote Lal armed with lathies climbed on the roof from western side through ladders and committed the murders of his father Bhagirath and brother Ram Karan by shooting them; that hearing the sound of fires as also the cry of his mother, he and the witnesses Anoop Kumar, Lal Tiwari and many others, flashing their torches, reached there; that he and the witnesses flashed their torches at the roof and challenged the accused persons who in reply fired and warned that they (he and witnesses) would be killed if they reached close to them; that thereafter they (accused persons) alighted from the roof and firing from their weapons ran towards the western side; that he and others chased them but since they were frightened, they could not apprehend any of the accused persons; that thereafter he and the witnesses reached at the roof and saw that his father and brother were lying dead on the cots. Regarding the motive, he stated in F. I. R. that a case relating to property was pending between the deceased Bhagirath and one Bhaggu who was murdered in the month of February 1981; that Bhaggu's wife, in her report, expressed suspicion upon him, his father Bhagirath and brother Ram Karan; that the deceased persons and the complainant were found innocent in the investigation; that thenceforth Bhaggu's wife and wife's brothers were on a look out of an opportunity for committing the murders of the deceased and the complainant. P. W. 7 S. O. Ram Pal Singh, who conducted the investigation, reached the spot alongwith P. W. 3 S. I. Narendra Singh, prepared the necessary papers and sent the dead-bodies of Bhagirath and Ram Karan for post-mortem examination. He also collected blood stained and simple floor pieces, blood stained cot rope etc. from the spot and prepared their memos. The post-mortem examination of the dead-bodies of Bhagirath and Ram Karan was conducted on 13- 7-1981 at 2. 00 p. m. and 3. 00 p. m. respectively by P. W. 4 Dr. S. N. Sinha who prepared the post-mortem reports Ex. Ka-13 and Ex. Ka-12 respectively. The duration of their death was found one and half a day. The Doctor found the following single injury on the dead-body of Bhagirath: (1) Gunshot wound of entry 7 cm. x 4 cm. x muscle/bone/cavity. Blackening, charring and tattooing present all around the wound on the left hip joint, outer and back aspect. Direction below upwards obliquely from left to right. Fracture of the head and socket of femur bone of left hip.
(3.) HE opined that the death of Bhagirath was caused due to shock and hemorrhage as a result of the above ante-mortem injury. The Doctor found the following six ante-mortem injuries on the corpse of Ram Karan : (i) Gunshot wound of entry 5 cm. x5 cm. x chest cavity over right side chest 10 cm. vertically below the nipple. Blackening, charring and tattooing present all around the wound. Direction front to back. (ii) Gunshot wound of exit four in number, each measuring 1 cm. x 1 cm. x chest cavity in an area of 6 cm. x 4cm over the back in middle region, 1cm. to the right of spinal column. (iii) Gunshot wound of entry 3. cm. x 3 cm. x muscle/bone/cavity over the back of right thigh, 3 cm. below the hip. Blackening, charring and tattooing present all around the wound. Fracture of the head and socket of femur bone. Direction below upwards obliquely from right to left. (iv) Gunshot wound of exit 1 cm. x 1 cm. x muscle over the front of right thigh 4 cm. below its crease. (v) Gunshot wound of exit 1 cm. x 1 cm. x abdominal cavity, 2 cms. away umbilicus at 10 O clock position. (vi) Gunshot wound of exit 1 cm. x 1 cm. x abdominal cavity, 7 cm. away umbilicus at 7'o clock position.;