- (1.) SAROJ Bala, J. The criminal appeals No. 767 of 2005 and 383 of 2005 have been preferred against the judgment and order dated 24-1-2005 passed by the Additional Sessions Judge/special Judge (N. D. P. S. Act) Court No. 3, Ballia in sessions trial No. 202 of 2003 under Sections 302/34, 504, 506 I. P. C. and sessions trial No. 203 of 2003, State v. Rinku alias Uday Shanker, under Sections 25 Arms Act P. S. Kotwali District Ballia whereby convicting the appellant Rinku alias Udai Shanker for the offences punishable under Sections 302 and 506 I. P. C. and sentencing him to rigorous imprisonment for life for the offence under Section 302 I. P. C. and fine of Rs. 5000/- and in default to serve rigorous imprisonment for a period of one year, rigorous imprisonment for one year for the offence under Section 506 I. P. C. and rigorous imprisonment for a period of two years for the offence under Section 25 Arms Act and convicting the appellant Chhotu alias Mustak for the offence under Section 302/34 I. P. C. and Section 506 I. P. C. and sentencing him to rigorous imprisonment for life and fine of Rs. 5,000/- for the offence under Section 302/34 I. P. C. and in default to serve rigorous imprisonment for the period of one year and rigorous imprisonment for a period of one year for the offence under Section 506 I. P. C.
(2.) THE relevant facts are these : On March 29, 2003 at about 7 p. m. the informant Satish Chandra Pandey (P. W. 1), his uncle Indrajeet Pandey and neighbour Devta Nand Pandey Advocate had been returning to their residence on foot from Chatti Pouhari Pur, after purchasing vegetables and when they were at a distance of about fifty feet from their house, both the appellants alongwith co-accused Chandan Mishra (Juvenile offender and tried separately) who were lying in wait, came there. Co-accused Chandan Mishra using abusive language exhorted to kill. At this, appellant Rinku alias Udai Shanker opened fire which hit the back of informant's uncle. Both the appellants and co-accused Chandan Mishra opening fire in the air and threatening to kill them managed their escape. THE motive behind the commission of offence was engagement of informant as Counsel by Kaliash Dubey, and Ramesh Dubey who were accused in a case under Section 307 I. P. C, the First Information Report of which was lodged by co-accused Chandan Mishra and appellant Rinku alias Uday Shanker Mishra was injured. THE informant got the accused Kailash Dubey and Ramesh Dubey released on bail. THE victim Indrjeet Pandey, then alive was taken to the district Hospital Ballia and was medically examined by Dr. R. K. Kejariwal on 29-3-2003 at 7. 55 p. m. and following injury was found on his person as per injury report Ext. Ka 20: Firearm wound of entry 1. 5 cm. x 0. 5 cm on left side of back, 7 cm. below lower angle of scapula with coller of abrasion. Mutiple pellet abrasion of 0. 2 cm. diameter in an area of 7 cm. x 7 cm. around tie wound were present. Fresh bleeding present. Advised X-ray Chest AP laterial. The injury was caused by firearm and kept under observation. Patient was admitted and referred to surgeon. Duration was fresh. The injured succumbed to the firearm injury in the district Hospital at 10. 15 p. m. on 29-3-2003. The written report of the incident Ext. Ka-1 was lodged by Satish Chandra Pandey (P. W. 1) nephew of deceased on 29-3-2003 at 23. 20 hrs. On the basis of written report, the chick F. I. R. Ext. Ka-13 was prepared by constable Hem Narayan Singh, (P. W. 4) and entry in the G. D. about registration of crime was made by him which is Ext. Ka-14.
(3.) THE inquest on the dead-body was conducted by the Investigating Officer Hari Prakash Vishwakarma (P. W. 3 ). THE Investigating Officer prepared the inquest memo Ext. Ka -4, specimen seal Ext. Ka-6 and wrote letters to C. M. O. and R. I. Ext. Ka-5 and Ka 7 for making arrangement of autopsy on the dead-body. The autopsy on the dead-body was conducted by Dr. R. N. Upadhyay (P. W. 2) on 30-3-2003 at 4. 30 p. m. According to the post-mortem report Ext. Ka-3 the following ante-mortem injuries were found on the person of deceased : (1) fire arm wound of entry 2. 5 cm. x 2 cm over lower angle of right scapula, 4 cm. lateral to vertebral column with tattooing and singing of hair around the wound of entry. On probing it communicated with thorasic cavity, underneath ribs fractured on dissection, during the course of injury which is oblique in direction. There is laceration of base of left lung including all vessels of left lung. Bullet lodged in left antrium of heart recovered after dissection of left antrium. Throasic cavity is full of blood about three liters. (2) Lacerated wound 2 cm x 2 cm over dorsal aspect of right great toe and finger. (3) Lacerated wound 2 cm. over four fingers of left leg. The death was caused due to ante-mortem firearm injury as a result of shock and haemorrhage.;