AMAR SARAN, J. - (1.) - This criminal ap ­peal has been preferred against the judge ­ment and order dated 17.1.2006 passed by the Additional Sessions Judge, Court No. 4, Shahjahanpur whereby the appellant Pappu alias Ram Narayan Kashyap has been convicted and sentenced to life im ­prisonment under section 302 IPC and to three years rigorous imprisonment and a fine of Rs. 1,000/ - under section 25 of the Arms Act, in default of payment of fine the appellant will have to undergo one month rigorous imprisonment. Both the sentences were directed to run concurrently.
(2.) IN a short compass the case of the prosecution was that the informant had purchased a land in Mohalla Khwaja Firoz in partnership with Manoj Kumar Kashyap, the brother of deceased. The in ­formant had constructed a room in his part of the land and had let out the same to Ma ­noj on a monthly rent of Rs. 200/ -. Pappu wanted to purchase his house, but the in ­formant had refused, for which Pappu was nursing a grievance against him. On 27.12.1999, the informant along with his brother Krishna Murari Gupta had gone to the house of Manoj to realise the rent and when they were returning at about 9.30 P.M. at the crossing of Aman Public School Khwaja Firoz, Pappu approached them and asked the informant to sell his house to him. When he refused, then Pappu took out a country made pistol with his right hand and fired at him with the intention of kill ­ing him, which struck his brother, Krishna Murari Gupta, the deceased on the chest, who fell down there. A mercury light was burning at the spot. On the cries of the in ­formant, Raghuraj and Shivraj Gupta ar ­rived there. They saw the incident and the appellant running away. Then the infor ­mant took his brother Krishna Murari to the hospital with the aid of these persons. Krishna Murari died on the way. After leaving the dead body in the mortuary of the district hospital, the informant pro ­ceeded to the police station Ram Chandra Mission with a report, which had been scribed by his brother Anil Kumar Gupta and lodged it at the police station on 20.7.1999 at 10.30 P.M. Cc Jai Prakash, P.W. 5 prepared chik report (Ext. Ka. 7) on the basis of the written report and made entries in the General Diary (Ext. Ka 8) about the same. SI S.C. Sharma, P.W. 4, S.O., police station Ram Chandra Mission started investigation of the case. He recorded the statements of Cc Jai Prakash and the informant on the same night. On 28.12.1999 he inspected the spot and collected an empty cartridge from mere (Ext. 1) whose recovery memo (Ext. Ka. 2) was prepared by him. He also pre ­pared the site plan (Ext. Ka 3). Later on the same day at 4.30 p.m. he arrested the ac ­cused -appellant and recovered the crime weapon, a 315 bore country made pistol and one cartridge from the accused whose recovery memo (Ext. Ka 4) was prepared. On 28.12.1999 the inquest (Ext. Ka. 15) on the dead body of the deceased, which was lying in the mortuary was conducted by SI B.K. Arya. Thereafter the dead body was sent for post -mortem along with a letter for the Chief Medical Superintendent, district Shahjahanpur along with photo nash, challan nash and sample seal, which have been prepared by SI B.K. Arya.
(3.) ON 28.12.1999 at about 3.00 P.M., the post -mortem was conducted on the body of the deceased Krishna Murari at the district hospital Shahjahanpur by Dr. R.K. Chaturvedi, P.W. 6. The deceased had a thin built body, eyes were opened, mouth was closed with no emaciation. Rigor mor ­tis was present over both upper and lower extremities. The doctor found the following ante -mortem injuries: 1. Gun shot wound of entry 2 cm x 1.5 cm x cavity deep situated 1 cm away from left nipple in 2 O' clock position. No tatooing or blackening noticed. Margins inverted. Direction: -Left to right 2. Abrasion 3 cm x 1 cm on left side of face 1 cm away from left eye. 3. Abrasion 1 cm x 0.5 cm on the chin. 4. Abrasion 2 cm x 1 cm on front of right knee and 1 cm x 0.5 cm in front of left knee. ;