SHIV SHANKER, J. - (1.) THIS Criminal Appeal has been preferred by accused -appellant Chirag Ali against the impugned judgment and order dated 30.10.1982 passed by the then learned Sessions Judge, Budaun in S.T. No. 32 of 1982 convicting the appellant under section 302 IPC and sentencing him for life imprisonment.
(2.) BRIEF facts, arising out of this ap ­peal, are that Subhan Ali son of Bashir Shah, resident of Lohawai, Police Station Rajpura, district Budaun lodged first in ­formation report on 27.5.1980 at 7.30 A.M. against accused Chirag Ali son of Ramzani, resident of Garhi, Police Station Islam Nagar, Budaun by stating that the marriage of his elder daughter Hazira Begam was agreed to be performed with Raunak Shah of village Wahipur and the marriage of his younger daughter Hashimi Begum was agreed to be performed with Nashir Ali of village Dafwara on 26.5.1980. Therefore, the marriage party of both the marriages had come at the house of first informant. Several persons, including the invitees of the parties, had assembled there. The func ­tions regarding the performance of the marriages were completed. After the per ­formance of the marriages, Dhola was started in the marriage party of village Wahipur in the light of petromax and lan ­tern. All the persons, who were assembled there, was looking at the Dhola. The infor ­mant was also present there and was busy in talking with both in -laws. There was old enmity in between Chirag Ali and Na ­jaruddin. Both were invited by the first in ­formant. Chirag Ali was "in the marriage party of village Dafwara. At about 1.30 A.M., Najaruddin was offering Rs. 3/ -while Chirag Ali was offering Rs. 2/ - to the Dholawala. Thereafter Chirag Ali had said that "Sale Bare Paise Dene Wala Ban Raha Hal" whereupon Najaruddin replied that he is offering the money voluntarily, why are you worried. Thereafter, Chirag Ali said that I will see you just now and after saying this, Chirag Ali fired a shot with his gun which hit Nazaruddin. When he turned back after sustaining the firearm injury Chirag Ali had again made a second fire upon him which hit on the back side. Thereafter Nazaruddin fell down on the ground and died on the spot. Thereafter, the Dhola was also stopped. Chirag Ali was apprehended by other persons, who were present at the time of incident. After leav ­ing several persons at the place of incident, the first informant reached at the reporting out post where the written report (Ext. Ka 1) was submitted. On the basis of the written report (Ext. Ka -1), Chik F.I.R. (Ext. Ka -3) was pre ­pared by I/c Head Constable Yogendra Pal Singh and a case under section 302 IPC was registered against the present accused -appellant Chirag Ali. The investigation of the case was entrusted to Sri Soran Singh (P.W.4), who visited on the spot and pre ­pared the inquest report from 12.15 P.M. to 2.00 P.M. on 27.5.1980. After sealing the dead body the same was entrusted to con ­stable Ram Naresh and Home Guard Dori for conducting the post mortem. The dead body of the deceased was produced before Doctor V.K. Sharma (P.W.3) and he con ­ducted the post mortem of the dead body on 29.7.1980 at 11.00 A.M. and following ante mortem injuries were found the dead body of the deceased: - 1. One gun shot wound of injury oval in shape 1 cm. to 2 cm on the mid ­dle of left clavicle. Margins in ­verted and lacerated. No blacken ­ing or tattooing present under the injury, committed fracture of left clavical and first and second rid. 2. Two gunshot wounds of entry each of 1 cm in diameter with lacerated and inverted margins 1.5 cm apart and 1.5 cm below injury No. 1. Wound was chest cavity deep and under the wound fracture of third rib present. 3. Six gunshot wounds of exit each of 1.5 cm in diameter with lacerated and inverted margins present in an area of 6 cm x 6 cm. Presentation the right infra scapular region, wounds are chest cavity deep are one in line to injury Nos. 1 and 2. 4. Abrasion 2 cm x 2 cm on right pa ­tella. 5. Abrasion 2 cm x 2 cm on middle and inner side of right thigh. 6. Abrasion 2 cm x 1 cm on the inner side of thigh 3 cm below injury No. 5.
(3.) IN the opinion of P.W.3 Dr. V.K. Sharma, the death was due to shock and haemorrhage as a result of injury Nos. 1 to 3. The witness proved post mortem report which is Ext. Ka. 2. He also opined that the injuries, referred to above, were sufficient to cause death in the ordinary course of nature. On 27.5.1980 the licensed gun along with live cartridges and empty cartridges were taken in possession. The same were sealed and Fard recovery Ext. Ka 6 was prepared. The Investigating Officer took samples of blood stained and simple earth and prepared its recovery memo Ext. Kal3. He also taken in possession the petromax and lantern burning at the time of Dhola and prepared its recovery memo Ext. Ka 14. The statements of all the eye witnesses were recorded by the Investigating Officer and after completion of the investigation of the case, charge -sheet Ext. Ka 16 was filed against the above accused.;