Vijay Kumar Verma, J. - (1.) -This appeal has been preferred against the judgment and order dated 8.11.2002 passed by Sri D. S. Tripathi, the then Add. Sessions Judge/Fast Track Court-I, Ghaziabad in Sessions Trial No. 1940 of 2000, whereby the appellant-accused Bhopal has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000 under Section 302, Indian Penal Code with further imprisonment for six months in default of payment of fine in Case Crime No. 650 of 2000, P. S. Sihani Gate, Ghaziabad.
(2.) THE incident resulting in the death of Krishna Kumar Sharma, husband of the complainant Smt. Beena Sharma r/o 134, Luharpura, Ghaziabad, occurred on 4.9.2000 at about 9.50 p.m. on G.T. Road, Ghaziabad near Naz Hotel. First information report (Ext. Ka-8) was lodged by the complainant at P. S. Sihani Gate, Ghaziabad. THE case of the prosecution as appearing from the F.I.R. and statement of the complainant Smt. Beena Sharma (P.W. 1), in brief, is that on 4.9.2000 the complainant and her husband Krishna Kumar Sharma were going to their house situated in Mohalla Luharpura from railway station Ghaziabad. When at about 9.50 p.m. they reached near Naz Hotel on G.T. Road in front of Pawan Cinema, the accused Bhopal S/o Chhotey r/o village Girdharpur alongwith one other person all of a sudden came from ahead and fired on Krishna Kumar Sharma from tamancha, due to which he sustained serious injuries. In serious condition, Krishna Kumar Sharma was carried to Shankar Hospital, from where he was referred to Government Hospital Ghaziabad, where primary treatment was given to him and thereafter he was sent to Teg Bahadur Hospital, New Delhi, where he was admitted in the same night. During treatment, Krishna Kumar Sharma expired on 12.9.2000 at 6.25 p.m. In District Hospital Ghaziabad, Krishna Kumar Sharma was medically examined by Dr. R. K. Verma (P.W. 3) on 4.9.2000 at 10.00 p.m. The following injuries were found on his person : 1. Lacerated wound circular 1 cm. x 1/2 cm depth under observation on right side back of chest just behind the posterior axillary (illegible) 11 cm. from the axilla, blood oozing. Multiple abrasions pin head size all around the wound in the area of 7 cm. x 7 cm. margin inverted. 2. Lacerated wound circular in shape 4 cm. x 2 cm. x depth under observation, on the right side front of chest, 4 cm. below and outer from the medial end of right clavicle. Depth could not measured. Small multiple abrasion pin head size in the area of 8 cm. x 7 cm. around the wound. Both injuries were caused by fire arm and the duration was fresh. Smt. Beena Sharma got the written report (Ext. Ka 1) scribed by Devendra in Government Hospital Ghaziabad and handed over the same at P. S. Sihani Gate, where P. W. 6 Narayan Dutt Sharma prepared chik F.I.R. (Ext. Ka 8) and registered a case under Section 307, I.P.C. against the accused Bhopal and his unknown companion at Crime No. 650 of 2000 on 4.9.2000 at 11.15 p.m. and made its entry in G. D. No. 71 vide Ext. Ka. 9.
(3.) WHEN Krishna Kumar Sharma died in Teg Bahadur Hospital, Delhi on 12.9.2000, P.W. 7 S. I. Sanjay Kumar Singh came to hospital and conducted inquest proceedings on dead body, during which inquest report (Ext. Ka 10) and connected papers (Exts. Ka 11 and Ka 12) were prepared. Thereafter, the dead body in sealed condition was sent for post-mortem examination, which was conducted by Dr. N. K. Agrawal (P. W. 4) on 13.9.2000 at 12 noon. In post-mortem report (Ext. Ka 10), following wounds have been shown under the heading ante mortem injuries : 1. Surgically stitched wound obliquely present in lower front of chest having 14 stitches. The wound starts from the 4th inter-costal space in the ant. axillary line and goes up to 6th inter-costal space medially. On removing the stitches, the underlying stitched portion of tissues of skin are there and underlying ribs have been cut; 2.Surgically stitched wound having two stitches present over the upper, inner front of right side of chest. On removing the stitches, the fire arm entry wound of 1.5 cm. x 1.5 cm. is there. The margin of the injury is 3 cm. away from the mid line. The injury is 3 cm. below the (right) clavicle. The injury has entered the chest cavity through 2nd intercostal space and cutting the 3rd rib at costochondrial juncture. It has gone downwards, inwards and backwards into the chest cavity, through the (right) upper lobe of lung and then (sic) and then inner portion of lower lobe of (right) lung and has ended there at the outer aspect of (right) side of 11th thoracic vertebrae. Catgut stitches are seen at the outer aspect of 11th thoracic vertebrae, adjacent muscles cut in the (right) lung at various places; 3.Infected gun shot entry wound of 1.5 cm. x 1.5 cm. present over middle outer back of (right) side of chest in the post-axillary line. The injury had entered the chest cavity by fracturing the 8th rib and then goes upwards, backwards and inwards through (right) lung. A bullet is recovered from the space between 4th and 5th thoracic vertebral spines. The bullet is 3 cm. in length and 0.5 cm. in breadth; and 4.Surgical drainage wound of 1 cm. x 1 cm. present over lower later aspect of (right) side of chest. Wound Nos. 1 and 4 were surgical wounds, whereas wound Nos. 2 and 3 were ante mortem injuries. According to Dr. Agrawal, death of the deceased was caused due to septicaemia as a result of ante mortem injuries to chest produced by projectiles of fire arm. Investigation was entrusted to S. I. Randhir Singh (P.W. 5) who recorded the statement of injured Krishna Kumar Sharma in intervening night of 4/5.9.2000 in M.M.G. Hospital Ghaziabad. Thereafter, statements of other witnesses were recorded and after making spot inspection site plan Ext. Ka 6 was prepared. When Krishna Kumar Sharma died in the hospital, the case was converted under Section 302, I.P.C. on 28.9.2000 and after completion of the investigation, charge sheet (Ext. Ka 7) was submitted against the accused-appellant Bhopal on 23.11.2000.;