PRITINKER DIWAKER, J. - (1.) This appeal arises out of impugned judgment and order dated 08.11.2013 passed by Additional Session Judge, Court No.12, Meerut in S.T. No.217 of 2010 (State of U.P. v. Manoj) arising out of Case Crime No.191 of 2009, convicting the appellant under Section 302 of I.P.C. and sentencing him for life imprisonment along with fine of Rs. 20,000/-. Under Section 504 of I.P.C. for one year imprisonment, plus default stipulations.
(2.) As per prosecution case, the accused-appellant was required to pay Rs. 25,000/- to the deceased Ripudaman, which despite repeated demand was not paid by him. It is said that on 27.06.2009 sometime in the morning, the accused-appellant had promised to pay Rs. 25,000/- to the deceased Ripudaman and when in the evening at about 6.30 P.M. the deceased Ripudaman had gone to collect his money, instead of giving his money, the accused-appellant took out his contry made pistol, which was hidden by him and caused gun shot injury on the chest of the deceased resulting his instant death. At 9.15 P.M. prompt FIR (Ex. Ka-15) was lodged by PW-1 Omveer Singh, father of the deceased against the appellant under Section 302 and 504 of I.P.C. Inquest on the dead body of the deceased was conducted on 27.06.2009 vide Ex. Ka-6 and the dead body was sent for postmortem, which was conducted on 28.06.2009 by PW-3 Dr. V.P. Singh vide Ex. Ka-2. As per the autopsy surgeon, following injuries have been noticed: "Gun shot would entry on left side chest, 9 cm below and medial to left nipple, size 1 cm x 0.75 cm blackening present, margins inverted on probing prob goes to downward and laterally damage the mesentery and piercing the vertebra column at L2 and L3 and and fracturing the vertebra and goes to the right side abdominal wall. One bullet recovered from lateral wall right side abdominal wall."
(3.) PW-3 Dr. V.P. Singh has opined the cause of death due to shock and hemorrhage as a result of ante mortem injuries.;