- (1.) M. M. Lal, J. This is an appeal against a judgment and order dated 12-9-1978 passed by Sri J. P. Sinha, the then 1st. Addl. District and Sessions Judge, Farrukhabad by which he had convicted Sidh Nath appellant under Sec tions 302 and 324, I. P. C. and has sentenced him to undergo imprisonment for life and rigorous imprisonment for a period of six months respectively there under.
(2.) MATHURA Prasad has three sons, namely Sidh Nath appellant, P. W. 1 Roop Lal informant and Raja Ram, P. W. 5 Km. Meera, Sadhana injured and Guddi deceased are the daughters of said Roop Lal P. W. 1, P. W. 3 Arvind, Devendra Ravindra and Virendra are the sons of aforesaid Raja Ram, All of them are residents of Nangapurwa, hamlet of village Larhpur, P. S. Gurshaiganj, district Farrukhabad. The aforesaid Raja Ram had a tube-well. On 4-3-1977 the field of one Prakash Jatav was being irrigated from the said tubewell. The irrigation of the said field had commenced from 1. 30 p. m. Virendra, son of Raja Ram, after starting the tube-well had gone to Gursahaiganj for some work leaving behind his three brothers Arvind, Ravindra and Devendra to look after the tube-well. According to the case of the prosecution on 4-3-1977 at about 4 p. m. Sidh Nath appellant came to the aforesaid tubewell and told Arvind, Ravindra and Devendra that the water of the tube-well would go to his field and only there after the field of Sri Prakash Jatav would be irrigated. The said three sons of Raja Ram did not oblige the appellant whereupon the appellant started hurling abuses on them and with a view to beat them he started chasing the said three boys upto their house. The said three lads went inside their house. The appel lant then went inside his house and brought out a country made pistol. The aforesaid three lads in the meanwhile had gone to the roof of their house. The appellant took position by the side of 'ghur' in front of their house and from that place started firing towards them. The said three boys had taken shelter under the chhappar on the roof of their house. On hearing the firing Km. Meera, with Km. Guddi aged about 1 years in her lap and accompanied by Km. Sadhna injured, came to the roof of the house of Raja Ram. The fourth shot fired by the appellant hit Km. Guddi as a result of which she died at the spot. Km. Sadhna was also hit by a pellet and she was injured P. W. 1 Roop Lal who had also witnessed the incident came to his house and got report of the occurrence written by his nephew P. W. 2 Virendra. He went to the Police Station Gurshaiganj, situate at distance of one mile, where he handed over the written report of the incident at 5. 20 p. m. on the same day. He had also taken the deadbody of his daughter Km. Guddi alongwith him.
(3.) IN order to prove its case the prosecution examined P. W. 1 Roop Lal informant and three eye- witnesses namely P. W. 3 Arvind, P. W. 5 Km. Meera and P. W. 6 Baboo Ram Dohrey P. W. 2 Virendra was a formal witness. He was scribe of the report, which he had written at the dictation of Roop Lal P. W. 1 P. W. 7 Narno Narain Tiwari constable had taken the deadbody of Km. Guddi for post mortem examination. The post mortem examination of the deadbody of Km. Guddi was conducted by P. W. 4 Dr. Shabbir Husain, the then Medical Officer, District Hospital, Fatehgarh on 5-3-1977 at 3 p. m. He found the follow ing ante-mortem injury on the dead body of Km. Guddi, Gun shot wound of entry 1/10" into grain deep on left side of head. 2 above left ear, margin inver ted. IN the internal examination he found that the bone under the wound was perforated and the membrances of the brain were also perforated. The brain was lacerated and in an area of 1" X 1" the blood had clotted, and the blood clooting was upto spinal chord. According to the doctor the death of Km. Guddi occurred due to coma as a result of aforesaid ante- mortem injury.;