REKHA DIKSHIT,J. - (1.) This appeal assails the correctness of the judgment dated 03 March, 2012 passed by Additional Sessions Judge, Court No. 1, Ballia in Session Trial No. 278 of 2008, State of U.P. v. Kunnoo Singh @ Harender Singh. The Additional Sessions Judge has convicted the appellant-accused, namely, Kunnoo Singh @ Harender Singh under Section 302 I.P.C. read with Section 34 I.P.C. and sentenced him to undergo rigorous life imprisonment with fine of Rs. 10,000/- in default one year additional rigorous imprisonment.
(2.) Narrated concisely, prosecution case against the appellant is that on 09.10.2007 around 11:15 pm the brother of informant Jaleshwar was returning from Bairahi temple to his tube well, as soon as he reached near his fields accused Sona @ Harindra and his relative Kunnoo appeared and fired a shot at Chandrashekhar who fell down on the spot and died. The informant and Bhola Singh were also returning from the said temple and they tried to caught hold of the accused but they ran away. By this time Janki Devi, the sister of the informant and Smt. Ramawati, wife of deceased-Chandrashekhar came there with a torch and saw accused-Sona and Kunnoo running with country-made pistol in their hands, the dead body of deceased-Chandrashekhar was lying on the spot.
(3.) The F.I.R. was lodged on 10.10.2007 at 02:30 am, registered as case crime No. 107 of 2007, under Section 302 I.P.C. The dead body of the deceased Chandrashekhar was sent for post mortem where he was examined by Dr. Ramanand Vashisth (P.W. 4) Exhibit Ka-2 is post mortem report in which ante mortem injuries are as follows: (i) Lacerated wound-charred and blackened - measuring 5 cm x 4 cm found in the middle of elbow joint. (ii) Lacerated wound 2 c.m. x 1 c.m. which was blackened, was found 5 c.m. below the nipple on the left side of chest. One metallic bullet measuring 3 c.m. X 0.5 c.m. had been found from the right lung. The fifth and sixth ribs to the left side of chest and sixth and seventh ribs to the right side of the chest were found fractured.;