Saroj Bala, J. - (1.) -These two connected criminal appeals are directed against the judgment and order dated 29.11.2007 passed by the Sessions Judge, Kannauj in S.T. No. 294 of 2006 whereby convicting the appellant Keshav Kumar Gupta for the offence under Section 302, I.P.C. and rest of the appellants for the offence under Section 302, I.P.C. read with Section 34, I.P.C. and sentencing each of them to rigorous imprisonment for life and fine of Rs. 10,000.
(2.) THE prosecution case put briefly was that on 15.3.2006 at about 10.40 a.m. Amit Kumar alias Bauwa son of complainant Premchand (P.W. 1) alongwith other family members was playing holi colours outside of his house situated in mohalla Bazaria Chhibramau District Kannauj. At the same time the accused-appellant Keshav, Sunil, Manoj and Chandrasen armed with licenced revolver, double barrel gun and country made pistols came there. THE accused-appellants Keshav Kumar Gupta opened fire from his licenced revolver at complainant's son Amit Kumar alias Bauwa and seriously injured him. THE victim died on the way to the hospital. THE complainant got scribed the written report (Ext. Ka-1) from Rakesh Babu Tripathi and laid it at P. S. Chibbramau at 11.45 a.m. on 15.3.2006. On the basis of written report check F.I.R. (Ext. Ka-3) was prepared by constable Moharrir Tukman Singh (P.W. 6) and crime was registered in the G.D. (Ext. Ka-4). THE special report was sent to the higher officers the same day at 12.15 hrs. noon. The inquest on the dead body was conducted by S. I. Nisar Ali (P.W. 7) at P.H.C., Chhibramau. During the course of inquest, inquest memo, challan lash, photo lash, letters to C.M.O. (Exts. Ka-6, 7, 8 and 9) were prepared. The sealed bundle containing the dead body alongwith police paper was handed over to constable Shiv Narain Singh for transportation to the mortuary for post mortem. The post mortem on the dead body of Amit alias Bauwa was conducted by Dr. Narendra Babu (P.W. 5) on 15.3.2006 at 3.45 p.m. and following ante mortem injuries were found : 1. Fire arm wound of entry 0.5 cm. 0.5 cm. cavity deep on right lateral aspect of abdomen 12 cm. above o/d bullet recovered from right abdomen cavity ; 2. Fire arm wound of entry 0.5 cm. 0.5 cm. cavity deep on right side back 13 cm. below from posterior axilla fold, 12 5 cm. from midline blackening present around the wound, margins lacerated and inverted. o/d bullet recovered from T9 vertebra ; 3.Fire arm wound of entry 0.5 cm. 0.5 cm. cavity deep on the right side back 7 cm. below from injury No. 2 and 9 cm. from midline, lacerated and inverted. o/d bullet recovered from T-11 vertebra ; 4.Fire arm wound of entry 0.5 cm. 0.5 cm. cavity deep on left side back of chest, 13 cm. below from base of neck, cm. from midline lacerated and inverted. o/d bullet recovered from left chest wall lateral aspect ; 5.Fire arm wound of entry 0.5 cm. 0.5 cm. cavity deep on left side back 20 cm. below from base of neck, 9 cm. from midline lacerated and inverted left lung lacerated. o/d bullet recovered from left side chest wall laterally ; and 6.Fire arm wound of entry 0.5 cm. x 0.5 cm. cavity deep on midline 18 cm. above the buttock lacerated and inverted. o/d 12th (T12) vertebra and bullet recovered from vertebra, T9, T12 vertebra are fractured.
(3.) ACCORDING to the doctor the death was caused due to shock and haemorrhage as a result of ante mortem injuries. The post mortem certificate was (Ext. Ka-2). S.H.O. Kripa Shankar Saroj took the responsibility to investigate the crime. He interrogated the witnesses and prepared the site plan of the place of offence. After completing the necessary formalities he submitted the charge-sheet against the accused-appellants for the offences under Section 302, I.P.C. and Section 30 of Arms Act.;