- (1.) S. K. Jain, J. This criminal appeal by three appellants namely, Jwala Singh, Chandrapal and Ram Chandra is directed against the judgment and order dated 24-8-1982, passed by learned Sessions Judge, Etah in Sessions Trial No. 96 of 1982, State v. Ram Chandra and Ors. , whereby the learned Sessions Judge convicted appellant Jwala Singh and Chandrapal under Section 302 I. P. C. and appellant Ram Chandra under Section 302 read with Section 34 I. P. C. and sentenced all the three appellants to undergo imprisonment for life.
(2.) THE essential facts leading to this appeal are as follows : THE three appellants, Rajvir Singh, real brother of deceased Jagdish alias Maharaj Singh and Smt. Soran Kunwar are co- laterals. About one and half month before the present occurrence there was an agreement of sale between Smt. Soran Kunwar and the three appellants. Rajvir, Singh and deceased claimed that they had also share in the property of Smt. Soran Kunwar for which an agreement to sale was executed by her, therefore, they made an application before the Sub-Registrar through one Anand Pal, another co-later at Deceased Jagdish was doing pairvi of that application, because, of this the three appellants were annoyed. Three days before the present occurrence appellant Jwala Singh had threatened the deceased, but no report about this threat was made. On 8-7-1980 in the night at about 1. 30 a. m. Jagdish, Balvir Singh and his nephew Rajvir Singh son of Chandra Pal Singh, Pratap and Har Pal Singh were sleeping in the Varandah of the 'baithak'. A lantern was illuminating in the varandah. The three appellants came there, they were armed with lathis and country made pistol. They caught Jagdish, who raised an alarm. Appellant Ram Chandra Singh was armed with lathi and appellants Jwala Singh and Chandrapal were armed with country made pistols. Appellant Ram Chandra said that "aj Ise Thikane Lagayenge". Appellant Jwala Singh and Chandrapal fired at Jagdish on the side of abdomen at a point blank range. Chandrapal again made one fire. Jagdish died on the spot. All the three appellants succeeded in running away. First informant Rajvir Singh, real brother of deceased Jagdis got scribed written report by Balvir Singh and submitted the same at the police station Nidholi Kala, District Etah on 8-7-1980 at 4. 30 The distance between the police station and the place of occurrence about three miles. On the basis of this written report Ext. Ka-1. Head Moharrir Ram Singh wrote chick F. I. R. Ext. Ka-3 and registered the case in G. D. as per Ext. Ka-4. S. I. Fateh Alam Khan PW4 posted as Station Officer Nidholi Kala took up the investigation of the case. He recorded the statement of Head Moharrir, went to the place of occurrence, held inquest of the dead-body of deceased Jagdish, prepared necessary papers for post-mortem, sealed the dead- body and sent the same with necessary papers for post-mortem to District Hospital Etah. He also found the blood stained cot on the spot and prepared its recovery memo. He also took into possession blood stained bed sheet, blood stained and ordinary pieces of knitting of charpai. He gave the cot in the supurdagi of the first informant. He also took into possession the lantern and gave it in the supurdagi of the first informant. Thereafter he prepared the site plan and after recording the statement of other witnesses remitted the charge-sheet against the three appellants.
(3.) THE autopsy on the dead-body of Jagdish was conducted on 8-7- 1980 by Dr. O. P. Vaidya at 4. 00 p. m. in the District Hospital Etah. According to post-mortem report prepared by Dr. Vaidya Ext. Ka-2 the following ante-mortem injuries were found on the person of the deceased. 1. Fire arm wound of entry 2. 5 cm x 2. 5 cm x cavity deep on right hypochorium region. Blackening was present around Direction was backward and inward. 2. Fire arm wound of entry 2 cm x 2 cm x Cavity deep 2 cm below and away from injury No. 1. No blackening. Direction Was backward and inward. Cause of death was shock and haemorrhage as a result of ante- mortem injuries. Rigor mortis was present in both upper and lower limbs.;