- (1.) S. K. Jain, J. This criminal appeal has been filed against the judgment and order dated 31. 8. 1982, passed by learned Sessions Judge, Hamirpur in S. T. No. 47 of 1982 State v. Sripal and Chhote Lal under section 302 read with section 34 of the I. P. C. P. S. Sumerpur, district Hamirpur, whereby the two appellants namely, Sripal and Chhote Lal have been convicted undej: section 302 read with section 34 I. P. C. and sentenced to undergo imprisonment for life.
(2.) THE essential facts leading to this appeal are as follows : On 2. 9. 1981 at about 8. 00 a. m. the first informant Raja Bhaiya Singh son of Charan Singh resident of Tehra, P. S. Sumerpur (PW1) along with his brother Raj Kunwar Singh alias Goolar Singh, Ram Pal Singh and Amar Singh were taking bath on the well of Shivalay temple. Appellant Sripal Yadav armed with tamancha and appellant Chhote Lal armed with Bhala came there. Chhote Lal exhorted "dushman Aj Mil Gaya Hai Jan Se Maro Sale Ko" On his exhortation appellant Sripal fired at the brother of the first informant Raj Kunwar Singh alias Goolar from his "tamancha" Raj Kunwar Singh received fire-arm injuries on the right side of his body. When the informant and his companions raised alarm, the appellant filed away. Raja Bhaiya, on a tractor, proceeded with his injured brother to Hamirpur Hospital but his brother Raj Kunwar Singh alias Goolar succumbed to his injuries in the way to the Hospital, where he was declared dead. THE first informant got scribed the written report Ext. Ka-5 by one Bardani Singh and submitted the same at P. S. Kotwali, Hamipur on 2. 9. 1981 at 9. 30 a. m. On the basis of this written report chick FIR Ext. Ka-9 was prepared by Head Constable Kali Charan (PW7 ). THE crime was registered at serial No. 14 in G. D. by him. G. D. entry is Ext. Ka-10 or the record. As the case crime related to P. S. Sumerpur, Chick F. I. R. as per G. D. No. 18 Ext. Ka-11, chick F. I. R. with written report was remitted to P. S. Sumerpur. THE inquest on the dead body of the deceased Raj Kunwar Singh alias Goolar was conducted in District Hospital Hamipur by SI Devendra Nath Chaturvedi (PW5) after appointing Panch. THE inquest memo Ext. Ka-5 IS on the record. After preparing the necessary papers for postmortem the dead body was sent to District Hospital Hamirpur for post-mortem in sealed state through the constables. THE autopsy on the dead body of Raj Kunwar Singh alias Goolar was conducted by Dr. V. K. Nigarm (PW6) on 2. 9. 1981 at 3. 45 p. m. who prepared the post-mortem report Ext. Ka-8. THE following ante-mortem injuries were found on the person of the deceased. (1) Multiple gun shot wound of entry in an area of 28 cm. x 30 cm. on right side of chest from mid line of the chest to posterior axillary line and from 2 cm. below the right clavicle to 17 cm. below the nipple including axillary each wound measuring 0. 3 cm. x 0. 3 cm. x chest cavity deep. Twenty wounds are muscle deep only. Margins are inverted. No blackening or scorching seen. Total wounds are 160. (2) Three gun shot wounds of entry on the medial border of right upper arm in an area of 5 cm. x 1. 5 cm. each wound is 0. 3 cm. x 0. 3 cm. x muscle deep 12 cm. above the elbow joint. Margins inverted no blackening or scorching seen. (3) Gun shot wound of entry 0. 3 cm. x 0. 3 cm. x muscle deep or the front of right upper arm 11 cm. below the tip of shoulder joint. No blackening or scorching seen. Margins inverted. (4) Gun shot wound of entry 0. 3 cm. x 0. 3 cm. x muscle deep on the medial border of right arm 2 cm. below the elbow joint. No blackening or, scorching seen. (5) Gun shot wound of entry 0. 3 cm. x 0. 3 cm. x muscle deep or the medial border of right arm 12 cm. below the elbow joint. No or scorching or blackening seen. Margins inverted. (6) Gun shot wound of entry 0. 3 cm. x 0. 3 cm. x muscle deep on the right side of abdomen 6. 5 cm. above the anterior iliac spine. No blackening or scorching seen. Margins inverted. (7) Gun shot wound of entry 0. 3 x 0. 3 cm. x muscle deep on the right thigh lateral surface upper part 3 cm. below the anterior superior iliac spine. Margins inverted. No blackening or scorching seen. (8) Gun shot wound of entry- 0. 3 cm. x 0. 3 cm. x muscle deep on the right thigh lower and lateral surface 8 cm. above the knee joint. No scorching or blackening seen. (9) Gun shot wound of entry 0. 3 cm. x 0. 3 cm. x muscle deep on the middle part of right thigh lateral surface 9 cm. above the injury No. 8. (10) Gun shot wound of entry 0. 3 cm. x 0. 3 cm. x muscle deep on the left side of chest 6 cm. above the nipple. No scorching or blackening seen. (11) Grazed wound 0. 3 cm. x 0. 3 cm. x skin deep on the right side of neck middle part 12 cm. below the right ear lobule. Direction is right to left. (12) Gun shot wound of entry 0. 3 x 0. 3 cm. x muscle deep on the left side of chin 0. 5 cm. lateral to mid line of chin. No scorching or blackening seen. On internal examination 3rd, 4th and 6th ribs of right side of the deceased were found fractured. THE right lung was perforated, at several places, left lung was found congested AORTA was found perforated at two places. Four ounce of pasty food was found in stomach. THE liver was congested and gall bladder was full but urinary bladder was empty. Several pellets were found embedded inside the body. THE direction of the pellets was from right to left. The cause of death was shock and haemorrhage due to ante-mortem injuries. The investigation of the case was taken up by S. O. Jai Ram Singh of P. S. Sumerpur (PW4 ). He visited the place of occurrence on the same day and recorded the statement of Ram Pal Singh, Amar Singh and Darwari. He after inspecting the place of occurrence prepared the site plan of the place of occurrence Ext. Ka-2. He took into possession the blood stained stone from the Jagat (platform around the well) of the well and prepared its recovery memo Ext. Ka-3. He sent this blood stained stone for chemical examination. The report of the Serologist is Ext. Ka-13 and as the blood spots on the pieces of the stones were found disintegrated no opinion about the blood could be given. The clothes of the deceased underwear, langot, ceremonial thread and pendal were also taken into possession. After completing the investigation he submitted charge-sheet Ext. Ka-4. The prosecution to bring home the charge levelled against the accused examined informant of the case Raja Bhaiya, real brother of the deceased as PW1. Ram Pal Singh brother in law of the informant has been examined as P. W. 2, Amar Singh, who is not related to the deceased and is resident of the same village has been examined as PW3. These three witnesses are the witnesses of fact. P. W. 4 Jai Ram Singh is the Investigating Officer of the case. P. W. 5 SI Devendra Nath Chaturvedi conducted the inquest on the dead body and prepared its memo as stated above. P. W. 6 Dr. V. K. Nigam conducted autopsy on the dead body of the deceased. PW7 Head Constable Kali Charan proved the chick FIR and GD entries.
(3.) THE appellants in their statements under section 313 Cr. P. C. have stated that they have been falsely implicated in this case due to enmity. THEy did not adduce any oral evidence. THEy filed two documents Ext. Kha-1 and Kha-2. Ext. Kha-1 is the copy of the order sheet of Sessions Trial Jo. 112 of 1969, State v. Shiv Karan Singh under sections 302 and 307 I. P. C. of P. S. 5umerpur and perusal of the same suggests that Shiv Karan Singh was found guilty of the charges against him under sections 307 and 302 I. P. C. and was sentenced to undergo life imprisonment under section 302 I. P. C. and ten years imprisonment under section 307 I. P. C. Ext. Kha- 2 is the copy of the charge-sheet of case Crime No. 46, under sections 302 and 307 I. P. C. of P. S. Sumerpur. After taking into consideration the submissions made by the learned Counsel for the appellant and appraisal of evidence the learned Sessions Judge found the testimony of eye-witnesses PW1 to PW3 reliable and recorded the finding of conviction and awarded sentence to the appellant as aforesaid.;