M. M. Lal, J. - (1.) THIS is an appeal against the judgment and order dated 18-9-1978 passed by Sri Parmatma Saroup, the then Sessions Judge, Budaun, by which he has convicted the appellant under section 302 IPC and has sentenced him to imprisonment for life.
(2.) SATYA Pal Sharma appellant ami Nand Ram alias Nandu were residents of the same village Gidhol. Both of them used to commit heinous crimes together. Three years prior to this incident, the appellant and his father hired Nandram to commit murder of one person belonging to Bilsi, which was ultimately committed by him. At that time the appellant and his father paid some money to Nandram-deceased and with respect to the remaining amount, they promised to pay the same later on. However, when Nandram-deceased used to ask for the said money, the same was not paid to him. About one year prior to this occurrence, Nandram performed the marriage of his daughter and even at that time when he asked for the money from the appellant, the latter did not pay the same, but, on the other hand stated that as he himself was a Brahman and Nandram was a Gadaria, there was no companionship between them. Nandram deceased felt much aggrieved and at that time he is said to have threatened the appellant that after the marriage of his daughter, either he or the appellant would remain alive. On 9-3-1977 in the after noon Nandram-deceased, along with his brother Raghubir PW 5, went to meet their maternal uncle Kuber PW 3, who was living in hamlet Nagla Man Singh of the same village-Gidhol. They stayed there for some time. In the evening when they left the place of their maternal uncle Kuber PW 3, the latter also came out of his house for some distance to see them off. It is further the case of the prosecution that on the same date at about sun set when all of them had covered a distance of 1-1 1/2 Fg. and came near the tube-well of Maiku Dhimar PW 4 in village-Nagla Man Singh, the said Maiku Dhimar was found sitting there by the side of a fire. Nandram-deceased went there to wish him. At that time, the appellant, who was also sitting there, got up and fired a. shot at Nandram from a close range, which hit him and he died at the spot. It is said that on seeing the dead body of his brother the condition of Raghubir PW 5, became bad. Kuber PW 3, then sent Maiku Dhimar to the village Gidhol to call the near and dear ones and it was on their arrival that Kuber went to the police station Moosa Jhag, situated at a distance of about four kilometres from the place of occurrence, where he lodged the report of the incident on the same date at 11.30 P.M. In support of its case, prosecution examined three eye-witnesses, namely PW 3 Kuber informant, PW 4 Maiku Dhimar and PW 5 Raghubir. PW 1 Ganga Ram Head Moharrir had recorded the written report of the incident and had registered the case. PW 2 Head Constable Dhani Ram is a formal police witness, who had taken the dead body of Nandram to the mortuary for post mortem examination.
(3.) THE post mortem examination! of the dead body was conducted by PW 6 Dr. Virendra Prasad Kulshrestha m 10-3-1977 at 3.00 P.M. He had found the following ante-mortem injuries on the dead body : 1. Gun shot wound of entry 6 cm. x 6 cm. x cavity deep on the front of chest slightly towards right side 3 cm. below from the supra sternal notch and 6 cms. above and inner to right side nipple at 2 O'clock position with blackening and tattooing around the wound in an area of 7 cms. x 7 cms. 2. Fracture of 2nd & 3rd ribs of right side medial ends. 3. Fracture of upper 1/3rd part of sternum nose on right side. On internal examination, the doctor found the brain and membrances to be congested. There was fracture of the right 2nd and 3rd ribs medial. Pleura was ruptured and blood was present in the cavity. Right lung was lacerated at various places. Stomach and bladder were empty. Forty seven small lead pellets and one cork piece were recovered from right side chest cavity and the same were sealed and handed over to the Head Constable Dhani Ram PW 2, along with the clothes of the deceased. Aocording to the doctor, the death of Nandram had occurred due to shock and haemorrhage about one day before.;