Ajit Kumar, J. - (1.) This jail appeal is directed against judgment and order dated 22.12.2012 passed in Sessions Trial No. 533 of 2010, convicting the appellant for murder and sentencing him for life under Section 302 of the Indian Penal Code (for short 'IPC').
(2.) Prosecution case is that the appellant who is already in jail along with his wife and son in connection with offence of murder of one Hansa Ram of the same village, could not be released from the jail initially, whereas, his wife and son Kapil were bailed out with the aid and help of one Akbar and resultantly he got somewhat inimical towards his wife. Later on, after his release on bail, he entered his house at around on 08.02.2010 between 9.00 to 9.30 p.m. armed with a country made pistol and fired upon his wife from a very close range while his son, daughters (including the informant) and victim were watching television. The victim was rushed to the hospital by the members of the family present, but could not survive the fatal injury and was declared by the doctor brought dead. The body was placed at mortuary of district Hospital and in the early morning of the next day i.e. 09.02.2010, the first information report (for short "FIR") was lodged by the younger unmarried daughter Poneet at police station which is reported to be 12 kms away from the place of incident. The investigation was set into motion with the police arriving at the mortuary and the inquest was conducted till 3.00 p.m. and the report was prepared and marked as exhibit-2 and thereafter the body was deported for post mortem examination. The police also collected blood stained clothes including Dutai (homemade bed sheet) from the place of incident and sealed them all and prepared memo (exhibit - 26).
(3.) Autopsy was conducted by Medical Officer of District Hospital, Bijnor namely Dr. Sanjay Walker at 3.40 p.m. on 09.02.2010 and vide post mortem report (for short 'PM') (Exhibit - 8) following ante-mortem injuries were reported:- 1. Gun Shot Wound of entry 1 x 1 cm x cavity deep on back of right chest, 5 cm below capula, blackening and tattooing are present around the wound in an area of 2 x 2 cm 2. Gun Shot Wound of exit 1.5 x 1 cm connecting first injury on left oxila, both lungs lacerated. 11th vertebra fractured.;