Amar Saran, J. - (1.) THESE are two interconnected criminal appeals arising out of the same judgment and order dated 12.7.1982 passed by the Sessions Judge, Gorakhpur in S.T. No. 27 of 1982, which are being disposed of by this common judgment.
(2.) CRIMINAL Appeal No. 1688 of 1982 has been preferred by Sajid who has been convicted and sentenced to life imprisonment under Sections 302 read with Section 34, I.P.C. and CRIMINAL Appeal No. 1722 of 1982 by Manager alias Azmat who has been convicted and sentenced to life imprisonment under Section 302, I.P.C. simiplicitor. We have heard Sri Shishir Prakash for the appellant and learned A.G.A. for the State. The facts of this case in a nutshell were that there was a quarrel (marpeet) between the informant, Radhey Shyam, the step brother of the deceased Sriram and Manager alias Azmat, appellant, one day prior to Eid at the liquor vend in Urdu Bazaar in Gorakhpur. At about 8 p.m. on the same evening Manager alongwith some persons reached the informant's house and started assaulting his family members. On the intervention of the neighbours he left after hurling abuses and the threats. On the next day, the informant's step brother, the deceased Sriram, went to Manager's house and started complaining to his mother. But Manager's mother started abusing Sriram, whereupon Sriram gave her a beating in retaliation and Manager began nursing a grouse against Sriram for this incident.
(3.) ON 8.8.1991 at about 4 p.m. when Sriram was standing by the shop of Vishwa Nath, near Bari Masjid, Manager and Sajid arrived there. Sajid exhorted that the 'sala' should be killed and he should not be allowed to escape. At that time Manager fired at the deceased, Sriram. Sriram had appeared as a witness against Sajid in one case, because of which Sajid was inimical to him. After receiving the injury Sriram fell down and Manager and Sajid escaped after giving threats to the persons nearby. This incident was witnessed by Jamal, Israr (P.W. 4), Hira (P.W. 3) and other neighbours. ON hearing the news of the incident the informant arrived at the spot. By that time some persons had already carried Sriram to the hospital in an injured condition. Radhey Shyam lodged the report under Section 307 I.P.C. at Case Crime No. 635 of 1981 (Ext. Ka-2) at P.S. Kotwali Sadar, Gorakhpur, which was one km away, at 5.10 p.m. The chik report was prepared by Head Moharrir Ramayan Yadav (P.W. 7) who also made an entry in the general diary and registered a case under Section 307, I.P.C. Sriram was taken to Sadar Hospital, Gorakhpur, by Israr Ahmad (P.W. 4) where he was medically examined by P.W. 2 Dr. M. P. Singh on 8.8.1981 at 3.40 p.m. Dr. M. P. Singh found the following ante-mortem injuries on the person of Sriram : 'Gunshot wound of entrance 2-1/2 cm. x 2-1/2 cm. x depth kept under observation on the back of chest Lt. lower part, blackening, charring, tattooing is present.' The condition of the patient was serious as he was in a state of shock. He was kept under observation. According to the doctor, a firearm was the cause of the injury.;