G.P.SRIVASTVA,J. - (1.) THE above appeals are directed against the judgment and sentence passed by learned Additional Sessions Judge (Fast Track Court No. 1) Budaun dated 17 -12 -2005 in Session Trial No. 705 of 1999, State v. Rishipal, Bhulli, Sheo Dutt Yadav, Sunil Pandit and Nek Ram under Section 302 read with 34, I.P.C. P.S. Gunnaur District Budaun and Session Trial No. 751 of 2000, State v. Sunil Pandit under Section 25, Arms Act P.S. Gunnaur District Budaun. The learned Additional Sessions Judge (Fast Track Court) has acquitted the accused Sunil Pandit and Sheo Dutt Yadav in offence under Section 302 read with 34, I.P.C. and to accused Sunil Pandit under Section 25, Arms Act. He has convicted and sentenced to accused -appellants Nek Ram, Rishipal and Bhulli for offence under Section 302 read with 34, I.P.C. to life imprisonment and fine of Rs. 5,000/ - each. Feeling aggrieved with the judgment and sentence passed by the Court below the accused Nek Ram, Rishipal and Bhulli have come up in appeal.
(2.) THE prosecution case in brief is that on 2 -7 -1999 the first informant Gajram, P.W. I, alongwith his brother deceased Nahar Singh had come to village market Patriya to purchase buffalo. They did not purchase buffalo and were coming back alongwith Jhabbal and Natthu to village Junawai. When all four persons came near the village Lahra Nagla Shyam the accused persons Rishipal, Nek Ram and Bhulli who were sitting in ambush came out armed with country made pistols. They exhorted that they will not leave deceased Nahar Singh alive as they are in his search for so many days. The first informant and others flied from culvert towards the road. The aforesaid accused persons caught hold deceased at 6.30 p.m. and dragged him to a sugar cane field of one Madhopal where they committed murder of the deceased by causing fire -arm injuries to him. There is old enmity in between the deceased and the accused persons. Due to fear the first informant did not go to police station to lodge the report in the night. The written report Ext. Ka -1 was submitted at police station Gunnaur on the next day, i.e., on 3 -7 -1999 at 7.15 a.m. The chick F.I.R. is Ext. Ka -18. The Investigating Officer visited the place of occurrence, sent the dead -body for post -mortem and prepared site plan Ext. Ka -2. The autopsy of the dead -body of deceased Nahar Singh was conducted by Dr. Neel Kamal on 3 -7 -1999 at 4.00 p.m. The post -mortem report is Ext. Ka -14. According to the opinion of the 1 doctor the deceased was aged about 30 years. The death had taken place a day before the post -mortem examination. The doctor found the following ante -mortem injuries on his person : (1) A fire -arm wound of entry on (Rt.) side face 1.0 x 1.0 cm x 3.0 cm anterior to (Rt.) ear, blackening and tattooing present around wound. Margins inverted. (2) A fire -arm wound of exit (Lt.) side temporal region 2.0 cm x 1.5 cm margins everted, just anterior to carpening Injury No. 1 is communicating with injury No. 2. (3) A fire -arm wound of entry on (Rt.) side face on (Rt.) chest 1.0 cm anterior to ear lobule (Rt.) 10 x 1.2 cm margins inverted, cavity deep, blackening and tattooing present around wound. (4) A fire -arm wound of exit on (Lt.) side cheek of size 2.0 x 1.8 cm x cavity deep, margins everted, injury Nos. 3 and 4 communicated each other. (5) A fire -arm wound of entry on (Rt.) side chest on lateral aspect 1.5 cm x 1.0 cm x cavity deep, 14.4 cm below axillary fossa, margins inverted. (6) A fire -arm wound of exit on (Rt.) side back chest other end of vertebra, 2.0 cm lateral to midline 20 x 20 cm injury Nos. 5 and 6 communicating to each other. (7) A fire -arm wound on entry on (Rt.) arm 1.0 x 1.0 cm on lateral aspect 6.0 cm above (Rt.) elbow blackening and tattooing present around wound margins inverted. (8) A fire -arm wound of exit on (Rt.) arm on medial aspect (Rt.) arm 2.0 x 1.5 cm, 7.0 cm above (Rt.) elbow joint margins everted injury Nos. 7 and 8 communicating each other. (9) A fire -arm wound of entry on (Rt.) forearm 1.0 x 1.2 cm on posterior lateral aspect of (Rt.) forearm 8.0 cm below (Rt.) elbow joint, margins inverted. (10) A fire -arm wound of exit on (Rt.) -forearm on anterio medial aspect 1.5 cm x 1.5 cm, 11.0 cm below (Rt.) elbow joint margins everted injury Nos. 9 and 10 communicating each other. (11) A fire -arm wound of entry on lateral aspect of (Lt.) arm 1.0 x 1.2 cm x 10.0 cm above (Lt.) elbow joint margins inverted blackening and tattooing present around wounds. (12) A fire -arm wound of exit on medial aspect of (Lt.) arm 2.0 x 2.0 cm x 9.0 cm above (Lt.) elbow margins everted injury Nos. 11 and 12 communicating each other. According to the opinion of doctor the death was caused due to shock and haemorrhage as a result of ante -mortem injuries.
(3.) THE Investigating Officer prepared inquest report Ext. Ka -4. During investigation the name of accused Sunil Pandit and Sheo Dutt Yadav came into light. The Investigating Officer recovered a country made pistol at the pointing of accused Sunil Pandit. After usual investigation the Investigating Officer submitted charge -sheet against the accused Sunil Pandit, Sheo Dutt Yadav, Bhulli and Rishipal. The accused Nek Ram was summoned under) Section 319, Cr.P.C. as he was dropped during investigation.;