- (1.) J. C. Mishra, J. These two appeals have been filed by the same accused, Rajendra Singh and Jagat Narain, challenging their conviction under Section 302/34, IPC and 307/34, IPC and sentence of life imprisonment and 7 years RI respectively recorded by Sri J. P. Sharma, II Additional, Sessions Judge, Banda.
(2.) INFORMANT, Udai Narain Singh (PW 5), and Badri Singh (PW 2) are sons of Shiv Baran Singh. Deceased, Raj Kishor Srivastava, happens to be a friend of Udai Narain Singh and he had come to chat with Udai Narain Singh, at the time of the incident. Dileep Singh, father of appellant Rajendra Singh and accused Narendra Singh, was murdered. Informant Udai Narain Singh was involved in the murder of Dileep Singh and was facing sessions trial at the time of the incident. The other accused appellant Jagat Narain was friend of accused Narendra Singh and Rajendra Singh. The prosecution case is that on 27-10-79 informant Udai Narain Singh and deceased Raj Kishore Srivastava were sitting at the chabutra, in front of the house of Badri Singh (PW 2), when at about 4. 00 p. m. accused Narendra Singh, Rajendra Singh and Jagat Narain armed with guns, emerged from the lane running by the side of Sambhua Chamar's house and rapidly reached near the chabutra, where deceased Raj Kishor Srivastava and Udai Narain Singh were sitting. Accused Narendra Singh exhorted, asking his associates to kill. It is alleged that on the exhortation of Narendra Singh accused Rajendra Singh and Jagat Narain appellants, fired from the. guns and thereby caused injuries to Udai Narain Singh as well as Raj Kishor Srivastava. The incident was witnessed by Badri Singh (PW 2), who was sitting on the chabutara in front of the house of Gajju Chamar.
(3.) BADRI Singh (PW 2) carried the injured persons to Banda where they were admitted in the District Hospital. They were medically examined by Dr. P. C. Chandel (P. W8 ). The Medical Officer examined Udai. Narain Singh (PW5) at 8. 30 pm and noted the following injuries in the injury report (Ext. Ka-10 ). (1) Gun shot wound of entry 6 cm x 7 cm x abdominal content deep on back of right side of lower part of chest and upper abdomen 5 cm away from mid-line of back and 8 cm below inferior scapular angle of right side. Margins were inverted and lacerated with abraded collar. Skin lost and muscle torn. Blackening was present at margins and on the torn muscles in the wound. Direction inward, forward and slightly downward. Bleeding was present. X- ray was advised. (2) Gun shot wound of exit 6 cm x 6 cm x abdominal content deep on right side lateral part of abdomen and lower chest 4 cm above iliac chrest and freely communication to injury, No. 1. Tissues lacerated skin lost. Margins everted and lacerated. Injuries No. 1 and 2 were in close contact just separated by a thin string of skin. Bleeding was present. (3) Gun shot wound of exit 2 cm x 1 cm x abdomnal contents deep freely communicating to injuries No. 2 and 1 situated 1 cm lateral and below to injury No. 2. Margins were everted and lacerated. Bleeding was present. (4) Gun shot wound of exit 1 cm x 1 cm x abdominal content deep, 1 cm in front of injury No. 2 and 1 cm. above injury No. 3 margins were everted and lacerated. Bleeing was present. (5) Gun shot wound of entry 1. 5 cm x 1 cm' forearm content deep posterior - Medical aspect of right forearm in upper part 4 cm below elbow. There is swelling 1 cm x 1 cm on posterior medical aspect of right forearm 11 cm below injury No. 5 underneath swelling a hard foreign body is palpable, Margins of wound were inverted and lacerated with abraded collar. No blackening, tatooing or charring was present. X-ray was advised of right forearm upper 2/3 part. Direction of injury down-ward.;