(Mrs.) Saroj Bala, J. - (1.) THIS criminal appeal is directed against the judgment and order dated 24.11.1982, passed by the IVth Additional Sessions Judge, Badaun in S.T. No. 312 of 1981 whereby convicting the appellant for the offence under Section 302, I.P.C. and sentencing him to life imprisonment.
(2.) THE prosecution case was that on 24.8.1980 at about 8.30 a.m. the first informant Mahipal Singh (P.W. 1) on hearing the sound of firing of shots reached the lane and saw the accused-appellant opening fire with his licensed double barrel gun at his brother Ramesh from the western side corner of the house of Ramesh Lala. His brother fell down near the steps of the shop of Shishpal Lala and succumbed to the injuries. THE accused-appellant opened 25 to 30 rounds of fire from close range on his brother after he fell down. He got the written report (Ext. Ka-1) scribed by Shree Pal Singh and laid it at police outpost Udhranpur P. S. Rajpura at 10 a.m. on 24.8.1980. On the basis of written report chick F.I.R. was prepared by H. C. Yogendra Pal Singh (C.W. 6) and crime was registered under Section 302, I.P.C. and entry was made in the G. D. at serial No. 9 (Ext. Ka-2). S.I. Har Prasad Sharma (C.W. 3) then posted at Udhranpur police outpost P. S. Rajpura took the responsibility to investigate the crime. He visited the place of offence and prepared the site plan (Ext. Ka-7). He conducted inquest on the dead body. The inquest memo (Ext. Ka-5), photolash (Ext. Ka-4), challanlash (Ext. Ka-10) letters to R.I. and C.M.O. (Exts. Ka-11 and 12) were prepared by him and dead body was sent for postmortem through constable Yakoob and Panni chowkidar. He collected blood smeared and plain earth under the memo (Ext. Ka-9). The autopsy on the dead body was conducted by Dr. S. C. Naugaria (C.W. 2) on 25.8.1980 at 2 p.m. As per postmortem report (Ext. Ka-3) the following ante-mortem injuries were found on the dead body : 1. Gun shot wound of entrance size 1 cm. x 0.5 cm. of right thigh at middle. 2. One gun shot wound of exit (lacerated) 13 cm. x 12 cm. on front of upper part of right thigh corresponding to injury No. 1, (1) multiple fracture of bone underneath, one cork piece found and one tikli. 3. Four gun shot wounds of entrance of size 1 cm. x 0.5 cm. on middle posterior aspect of right thigh, in an area of 12 cm. x 4 cm. 4. One gun shot wound of exit (lacerated) 3 cm. x 4 cm. on inner upper part of right thigh. 5.One gun shot wound of entrance of size 2 cm. x 1 cm. In left inguial region 1 cm. outer to enterior iliac spine. Fracture of bone underneath. 6. One lacerated wound 3 cm. x 2 cm. on back of upper part of left thigh. 7. Three gun shot wounds of entrance of size 3 cm. x 2 cm. on abdomen through these wounds intestines coming out. Six cork pieces found in abdominal cavity. 8. One gun shot wound of exit 6 cm. x 3 cm. on back of right side abdomen. 9. One gun shot wound of entrance size 1 cm. x 5 cm. on part of sternum with blackening around the wound in an area of 6 cm. x 5 cm. 10. One gun shot wound of entrance of size 1 cm. x 1 cm. on front of right shoulder. 11. One gun shot wound of entrance 2 cm. x 1 cm. on front of neck. 12. One lacerated wound of size 12 cm. x 6 cm. involving left ear. Multiple fracture of skull bone with brain matter coming out, corresponding to injury No. 11. 13. One contusion 6 cm. x 2 cm. on top of left shoulder. 14. One contusion 3 cm. x 2 cm. on back of left scapular region.
(3.) ACCORDING to the doctor rigor mortis had passed from upper and lower limbs. Greenish discolouration over abdomen and maggots were present on dead body. Foul smell was coming out. On internal examination blood vessels liver and intestines were found ruptured. The death was caused due to shock and haemorrhage as a result of ante-mortem injuries. Duration was about one and half day. The clothes worn by the deceased at the time of incident and blood smeared and plain earth were sent for chemical examination through constable Om Prakash (P.W. 5). The chemical examination report was (Ext. Ka-13). Kalayan Singh Yadav (C.W. 1) then posted as S.H.O. P. S. Rajpura took the investigation in his hand after the transfer of S.I. Har Prasad. He submitted the charge-sheet (Ext. Ka-8) against the accused-appellant.;