- (1.) THE incident is said to have taken place on 18- 1-2005 at 5. 00 p. m. at village Sahara, police out post Bidhakur at the door of the complainant Ranvir Singh P. W. 1. Its report was lodged on 18-1-2005 at Police Station Malpur, which is at a distance of 10 kms. away from the place of occurrence, after getting from Sri Yatendra Singh son of complainant Ranvir Singh. It was registered as Case Crime No. 18 of 2005 under Sections 302/34, I. P. C.
(2.) THE motive behind the incident is said to be that Smt. Anita wife of Mukesh, who happens to be the Bhabi of accused-appellant Raj Pal Singh had developed illicit relation with Sri Kewal Singh, brother of the deceased Sri Pushpendra Singh. Sri Mukesh, because of such unbridled conduct of his wife, which brought bad name to him and his family committed suicide. This was the cause of annoyance of the accused and his other family members with the deceased and his family members. On the fateful evening, at about 5. 00 p. m. when the deceased alongwith his father P. W. 1 Ranvir Singh and sister P. W. 2 Km. Richa were standing at the door of their house, accused-appellant alongwith his father Sri Man Singh and cousin Sri Surendra son of Kharag Singh reached at that place and entered into an altercation. They started abusing to the complainant and his other family members saying that they became the cause of suicide of Sri Mukesh and so deceased and other family members may not be spared. In the meantime, Sri Tashmiri Devi, mother of the accused appellant came at the place of occurrence, concealing country made pistol in her shawl and handed over the same to the accused appellant, mitigated him to kill the deceased, who shot fire inflicting serious injuries to Pushpendra. He was taken to hospital for the medical aid. The incident is said to have been witnessed by P. W. 1 Ranvir Singh, P. W. 2 Km. Richa and P. W. 3 Vijay alias Pappu.
(3.) THE report of this incident was lodged on 18-1-2005 at 8. 30 p. m. at the police station Malpura. THE investigation of this case was conducted by P. W. 7 S. I. Anil Kumar Sharma, who after collecting the copy of the First Information Report, recorded the statement of the complainant and the persons accompanying him at the time of lodging the report and further of 19-1-2005. THE inquest report of the deceased body of the deceased was also got prepared by him at S. N. Medical College, Agra. Further, on the pointing out of Sri Raj Pal Singh, the accused-appellant was also arrested and on his disclosure statement, search of the pistol, was made. However, the same was not traceable because it was not clear that was thrown by him. He further collected blood stained clothes and other incriminating materials and they were sent to chemical examiner. He also visited the place of occurrence and prepared site plan. After making extensive investigation, charge- sheet Ex. Ka-14 was submitted by him. An autopsy on the dead-body of the deceased Pushpendra was conducted by P. W. 6 Dr. V. K. Agrawal, who noticed following ante- mortem injuries sustained by the deceased : " (1) Gun shot Injury Wound of entry 1 cm diameter at 10 O'clock position on Lt. Side chest 8 cm from nipple rounded with 1 cm x 5 cm tattooing. (2) Wound of exit 1. 5 cm in diameter 2 cm below inf. Angle of Rt. Scapula" It was also opined by the doctor that the cause of death was due to shock and Haemorrhage, as a result of ante-mortem injuries. He also noticed that there was semi solid food in the stomach. The post- mortem examination report Ex. Ka-10 was also proved by him.;