- (1.) SAROJ Bala, J. This criminal appeal is directed against the judgment and order dated 11. 11. 82 passed by the Additional Sessions Judge-Ill, Moradabad in ST. No. 181 of 1981 whereby convicting the appellants, namely Ram Babu, Ram Autar and Jas Ram for the offence punishable under Section 302 read with 34, I. P. C. and sentencing each of them to rigorous imprisonment for life. Appellants Ram Babu and Jas Ram having died during the pendency of appeal, the appeal against them stood abated vide orders dated 1. 11. 2007 and 6. 8. 2008. The appellant No. 2 Ram Autar remains the sole surviving appellant.
(2.) THE prosecution case shorn of unnecessarily details is as follows: On 17. 1. 80, the first informant Rama Kant Sharma (P. W. 4) and. his brother-in-law Vishesh Chandra Sharma (P. W. 5) had been irrigating their fields from tube-well (Rehat ). At about 12-1 O'clock noon Vimla Devi (deceased), first informant's mother came at the field to serve meals. She had been washing her hands and face at the tube-well. At the same time appellant alongwith co-accused Rama Shankar, Ram Babu and Jas Ram armed with gun, country-made pistol and lathi came there. Co-accused Ram Babu and Rama Shankar who were armed with gun and country-made pistol opened fire at first informant's mother. She succumbed to the injuries at the spot. Appellant Ram Autar and co-accused Jas Ram chased the first informant and other witnesses but could not catch them. THE motive behind the commission of offence was illicit relationship of Ram Kumar, brother of appellant with Shanti wife of late Jagdish first informant's cousin brother and murder of Ram Kumar about two months before the incident. Rama Kant Sharma (P. W. 4) scribed the written report of the incident (Ext. Ka-4) and lodged it at Police station Samblal at 3. 50 P. M. On the basis of written report chick F. I. R. (Ext. Ka-1) was prepared by H. M. Vishun Dutta Sharma (P. W. 1) and crime was registered at serial number 37 of G. D. (Ext. Ka-2 ). S. S. I. Mahendra Saxena (P. W. 8) was entrusted with the responsibility to investigate the crime. He visited the spot and conducted inquest on the dead body. He prepared the inquest report (Ext. Ka-9), challan lash (Ext. Ka-10) letter to C. M. O. (Ext. Ka. 11) and handed over the sealed bundle containing the dead body alongwith police papers to constables Surendra Pal (P. W. 2) and Ranjit Singh for transportation to mortuary for post-mortem. The autopsy on the dead body was conducted by Dr. M. C. Tripathi (P. W. 3) on 18. 1. 80 at 4. 30 P. M. and following ante-mortem injuries were found on the person of deceased: (1) Two rounded abrasions over left inferior axillary region near posterior fold of axilla 1. 5 cm. x 1 cm. to 2. 5 cm x 1. 2 cm, 1 cm. apart from each other. Blackening present on the posterior inferior margins of these injuries. (2) Two gun shot wounds of entry just above the middle of outer posterior aspect of left arm 1. 5 cm. apart from each other measuring 1. 5 cm. x 1. 5 cm to 1. 5 cm x 1 cm on probing each of these inner surface of arm deep communicating to the wounds of exit 2 cm x 1. 5 cm. to 2. 2 cm x 1. 5 cm exactly and directly under the above wounds of entries. Blackening and slight scorching was present around the wounds of entries on the outer aspect. (3) Abrasion 3cm x 1 cm on upper part of back of left side of chest. Slight blackening present around it. (4) Incised wounds 3 cm x 1. 5 cm. to 3 cm x 2 cm. x muscle deep each; 1 cm apart from each other over root of left side of neck 7 cm behind and below left ear. (5) Abrasion 1. 2 cm x 1 cm on left infra clavicular region of chest. Blachening present on latero inferior margin of wound. (6) Wound of gun shot entry 1. 2 cm x 1 cm, tatooing present all around x communicating to wound of exit over upper wall of chest near shoulder joint. Wound of entry at left upper part of upper arm 6 cm. above injury No. 2. Wound of exit size being 2. 2 cm x 1. 5 cm. Direction left to right and medially. (7) Abrasion 1 cm x 1 cm over top of left shoulder near injury no. 6 entry. Slight blackening present around it. (8) Gun shot wound of entry 2. 5 cm x 2. 2 cm near left inferior angle of scapula on back. Blackening and slight scorching present all around the wound. On probing and dissection the underlying tissues of back of chest wall left pleura and left lung were lacerated. Direction from back to front and medially. Two big metallic distorted shots were removed from upper lobe of left lung. The left pleural cavity contained about one pint of blood. Injury No. 4 was caused by sharp edged weapon. All other injuries were due to discharge of fire arm weapon. The death was caused due to shock and haemorrhage as a result of ante-mortem injuries. The post-mortem certificate was Ext. Ka.-3.
(3.) INVESTIGATING officer collected the samples of blood stained earth and plain earth (Exts. 6 and 7) from the scene of offence under the memo (Ext. Ka-13 ). He prepared the site plan of the place of offence (Ext. Ka. 14 ). He interrogated the relevant witnesses. On 20. 1. 80 Inspector l/c Jag Vir Singh (P. W. 7) took the investigation. After completing the necessary formalities he submitted the charge-sheet (Ext. Ka. 5) against four accused persons. Co-accused Rama Shankar, brother of sole surviving appellant was murdered before the committal of this case. The C. J. M. , Moradabad committed the accused to the Court of Sessions for standing trial for the offence under Section 302, I. P. C. The accused were charged for the offence under Section 302/34, I. P. C. by the Additional Sessions Judge-Ill. They pleaded not guilty and claimed to be tried.;