SUBHASH CHANDRA AGARWAL,J. - (1.) AFORESAID two criminal appeals have been filed against the judgment and order dated 27.7.1987 passed by the Sessions Judge, Banda in ST. No. 325 of 1986 whereby appellant Lulu @ Ram Pratap was convicted under sections 302 and 307, IPC and was sentenced to undergo imprison­ment for life under section 302 IPC and R.I. for seven years under section 307 IPC Ap­pellant Parson was convicted under sec­tions 302/34 and 307/34, IPC and was sentenced to imprisonment for life under section 302/34 IPC and R.I. for seven years under section 307/34 IPC. Both the sen­tences awarded to the appellants were or­dered to run concurrently.
(2.) THE incident took place on 6.8.1986 at about 1 p.m. in village Darsedha, P.S Kamasin, Distt. Banda. The FIR (Ext. Ka-1) was lodged by the com­plainant Ram Pratap (P.W,2) the same day at 4.15 p.m. The prosecution story as unfolded in the FIR is that on 6 8.1986 at 1 p.m. Nathu (P.W.3) was going to take bath in the river. In front of the house of Krishna Awtar, ap­pellants caught hold of Nathu (P.W.3) and demanded Rs. 5,000/- from him. On call of Nathu, the complainant Ram Pratap (P.W.1) came there, scolded the appellants who got annoyed. The appellants went away to their house and came back with a gun and co-accused Gaya (brother of Lulu). On the exhortation of Parson and Gaya, appellant Lulu fired at the complainant with intention to kill which hit the com­plainant and his mother Smt. Ram Sakhia who suddenly came there. Smt. Ram Sak­hia died on spot and P.W 2 suffered inju­ries. The incident was witnessed by Raju and Nathu (P.W. 3). S.H.O. Sri Ram Autar Singh Yadav (P.W.4) commenced the investigation. He recorded the statement of complainant and sent him for medical examination. He reached the place of occurrence at 8 p.m. and interrogated the witnesses. Next day i.e. on 7.8.1986, he inspected the spot and prepared site-plan (Ext. Ka-6). After in­quest, the dead-body of deceased was sent for post-mortem examination. Appellant Parson was arrested on 12.8.1986. Lulu and Gaya surrendered in the Court. After completing the investigation, the Investi­gating Officer (P.W.4) submitted the charge-sheet (Ext. Ka-13) against the appel­lants and co-accused Gaya. Dr. Y.S. Sachan (P.W.5) examined the injured Ram Pratap (PW.2) on 7.8.1986 at 10.05 a.m. at P.H.C. Kamasin and found following injuries on his person: - 1. A gun shot injury over anterio lat­eral position of the right upper limbs, there 12 pellets injuries spread over area of I web of hand to middle of right arm. Each pellet injury size 0.3 cm. x 0.3 cm. cov­ered with clotted blood, 1st web dorsum one number pellet palpa­ble supefficially anterior of fore­arm 10 each size is same, but depth is variable, one pellet is palpable at upper third of ulna of posterior side no pus. Margins inflamed, swelling over middle third 10 x 13 cm. of fore-arm present advised X-ray right fore-arm, A.P. and lateral. 2. Multiple gun shot injuries on front of right thigh 11 in number from 6 cm. above the knee joint to 4 cm. below ingenial ligamant, each in­jury size 0.3 cm. x 0.3 cm. depth variable 5 pellets are surrounded and swelling 4 cm. x 3 cm. at mid­dle anterior thigh one on medial upper part thigh 1.5 cm. x 1.5 cm. Wounds are covered with dotted blood, margins are inflamed, ad­vised X-ray. 3. A pellet injury 0.3 cm. x 0.3 cm, x 0.2 cm. with swelling on abdominal wall 13 cm. below right nipple cov­ered with clotted blood, margins inflamed. 4. Four pellet injuries 0.3 cm. x 0.3 cm. x 0.1 cm. on the medial aspect of left thigh 24 cm. above knee joint line covered with clotted blood, margins inflamed. 5. A pellet injury 0.3 cm. x 0.3 cm. x 4.5 cm. on whole track inflamed 0.6 cm. x 4.5 cm. red pellet is palpable 4.5 cm. behind entry situated at 3 cm. below and 4 cm. behind the left anterior superior iliac spine. 6. A pellet injury 0.3 cm. x 0.3 cm. x 0.1 cm. 13 cm. below left nipple covered with clotted blood, mar­gins inflamed. 7. A pellet injury 0.3 cm. x 0.3 cm. x 0.1 cm, 4 cm. behind the left side of noch from coricoid cartilage covered with clotted blood, margins inflamed. In the opinion of Dr. Sachan, the nature of injuries was simple, duration about one day and the injuries were caused by fire­arm injury report is Ext. Ka-14. Autopsy on the dead-body of Smt. Ram Sakhia was performed on 8.8.1986 at 9 a.m. by Dr. ML. Verma, (P.W.I), in the opinion of Dr. Verma, the deceased was about 60 years of age and died about two days back. Rigour mortis had passed off from both ex­tremities. Decomposition had started. The following ante-mortem injuries were found on the dead-body: - 1. Multiple gun shot wounds of entry on right lateral aspect of chest, ab­domen and upper l/3rd of right thigh in an area of 40 cm. x 26 cm. x chest and abdominal cavities deep each measuring 2x2 cm. x cavities deep. Underlying right pleura, right lung, small intestine, large intestine, right kidney were lacerated and congested. Direction was from right to left side. Pellets were found in Thoracic cavity, ab­dominal cavity and thigh. 2. Multiple gun shot wounds of entry on the extensor aspect of right fore­arm and right wrist each measur­ing.2 x.2 cm. x bone deep in an area of 20 x 8 cm. Direction was right to left side. Two pellets re­covered.
(3.) ABOUT 100 ml semi-digested food was found in the stomach. Both intestines were lacerated and contained faecal matter in the opinion of the doctor, trie death was caused as a result of shock and haemor­rhage is a result of injury No. 1. Post­mortem report is Ext. Ka-1.;