- (1.) VERANDA Kumar, J. These are an appeal against the judgment and order, dated 11-5-1982 passed by Sessions Judge, Unnao convicting each of the two appellants Chandra Bhal and Ramesh under Section 302 read with Section 34, I. P. C. and sentencing them to imprisonment for life.
(2.) INFORMANT Mangal (P. W. 1) has two sons Mool Chand and Sheo Prasad (P. W. 3) besides the third son Mahadeo (deceased ). Prosecution case is state a briefly. On 25-12-1979 that is, about 2 years before the incident in question Shanker, the brother of accused Chandra Bhal was murdered. Mangal and all his three sons were prosecuted for the murder but they were acquitted into month the sawan, that is, about 3-4 months before the occurrence in question. Hence, relation between Mangal and his sons on the one hand and the accused Chandra Bhal on the other, were strained and it was the motive for commission of the murder of Mahadeo by Chandra. Bhal and his friend and associate Ramesh, On 3-11- 1981 in the early morning Mangai and his three sons had gone to the field of Ambey Lala which was taken by them on Batati. The field of Ambey Lala situated towards the east of the village Abadi. Adjoining the field there existed another field of Ambey Lala towards the east which was under culivation of Hori Lal. Towards the South of that field of Ambey Lala which was with Mangal on 'batai, situated the field of Babu and on the intervening 'mend' there existed shrubs, bushes, Khajoor and Babool tree. Mangal and his two sons vlool Chand and Sheo Prasad were collecting 'kheries' (dried roots of the previous crop) and Mahadeo was ploughing the field at about 7 A. M. while Mahadeo reached near the southern 'mena' in connection with ploughing, both the accused Chandra Bhal and Ramesh came out from the bushes and shrubs which were on the southern Mend. They were armed with guns. They threw a challenge and fired at Mahadeo with the guns. Mahadeo got hit by the shots and fled towards North. On reaching a few steps he fell down in his field. The bullocks' yoke used in the ploughing was also hit by pillets of the shots. Both the accused reached near Mahadeo who had fallen down and again fired one shot each on him from close range. Hari Lal was also ploughing the eastern field belonging to Ambey Lala. He, as well as a number of other persons, namely, Sarjoo, Budhai, Prithi Pal who happened to reach there through Galiyara, witnesses the incident. Both the accused fled away West on being challenged by the witness. Galiyara situated towards the West adjoining the plot in which occurrence took place, Mahadeo died instantaneously due to fire-arm injuries. First Information Report Ext. Ka-1 was dictated by one Chandra Bhushan and was lodged at the police station Achalganj at 9. 30 A. M. On its basis case was registered in the General Diary. Sub-Inspector R D. Chuddar (P. W. 6) investigate the case. He prepared the inquest report in respect of the dead body of Mahadeo at the site, challis lash, diagram, letter to the Medical Officer for post mortem examination. He sent the dead body for post mortem examination. Blood stained and plain earth as well as used cartridges and Tikli, were also taken into possession by the Investigating Officer who prepared the memos in respect of the same. Site plan was also prepared by him on his inspection of the place of occurrence. Both the accused denied the charges and alleged that they have been falsely implicated due to enmity. According to the appellant Ramesh he was on inimical terms with the co-accused Chandra Bhal hence there was little possibility of his joining hands with Chandra Bhal in committing the murder. In this connection copy of the decree passed by the Revenue Court has been field to show litigation between the father of the accused Ramesh and Chandra Bhal.
(3.) PROSECUTION side has examined, six witnesses including 3 eye-witnesses, namely, Mangal, Sarjoo and Sheo Prasad. Other witnesses are formal. Post mortem examination in respect of the dead body of Mahadeo was conducted by Dr. A. Senghi (P. W. 4) on 4-11-1981 at about 12-40 P. M. He prepared the postmortem examination report. Doctor found the following ante-mortem injuries on the body of the deceased : (1) Gun shot wound of entry 2"xl"xbone deep ellipitical shaped over left side fore-head just lateral to outer angle of left eye-brow. Scorching in an area of half inch around the would was present. Hair were signed. Margins were inverted. The direction of the wound was forward and medically. Under lying frontal bone of left side and orbital bone of left side were fractured. The injury was communicating with injuries Nos. 2 and 3. (2) Gun shot wound of exit 1/2" X1" over left eye-ball. The eye-ball was out of soacket. The margins were averted. (3) Gunshot wound of exit 2"xl"xbone deep over right side face just lateral to nose. Underlying Zygomatic and mandibular bones were fractured. (4) Give gun shot wounds of entry over right arm just below to shoulder joint front aspect. Size about 0. 3" each. Margins, inverted. No scorching or tattooing present. The injury was bone deep and underlying homers bone was found fractured. Five small pellets embedded under the muscle were recovered. (5) Twenty gun shot wounds of entry over right side chest anterior auxiliary line extending from 4th to 7th rib vertically and interior to mid-ancillary and auxiliary line horizontally. Size about 0. 2" circular each. No scorching or tattooing. Depth, few superficial and rest cavity deep. On opening the underlying was found ruptured at many places. 13 small pellets were recovered from pleural cavity and lung. (6) Six gun shot wounds of entry over right thigh in an area of 5" x 3"on front and middle aspect. Margins inverted. Depth muscle deep. Direction backwards. Size 0. 2" circular each communi cating to injury No. 7. (7) Six gun shot wounds of exit in an area of 8"x5" over back of right thigh, margins inverted. Size 0. 4" circular each. (8) One gun shot wound of entry in an area of l" x 1"x abdominal cavity deep over left side back at the level of lumber and vertebrae just adjacent to vertebral column. Direction upwards and forwards. Scorching in an area of 1/4" around the wound present. Hari signed.;