Amar Saran, J. - (1.) THIS criminal appeal has been preferred against the judgment of the learned VIIIth Additional Sessions Judge, Fatehpur, dated 11.5.2000 in S. T. No. 555 of 1998, convicting the appellants to life imprisonment under Section 302 read with Section 34, I.P.C. and a fine of Rs. 1,000 each. In default of payment of fine, the appellants were to undergo 3 months' simple imprisonment. They have further been convicted to 7 years' R. I. under Section 307 read with Section 34, I.P.C. and a fine of Rs. 500 each. In default of payment of fine, they were to undergo a further imprisonment for one month. The sentences were to run concurrently.
(2.) WE have heard Sri Rahul Misra, amicus curiae appointed in this case by us, and learned A.G.A. and perused the judgment and record. The prosecution case was that on 7.7.1998 at about 5 p.m. the appellants arrived at a panchayat where a dispute between the parties about taking out of a drain from the land of the informant, Raja, with the appellant Baram Deen was under consideration. Immediately, the appellants Baram Deen, who armed with a country-made pistol, his brother Bachcha Lal who was armed with a gun, his son Bodhan armed with a gun and his son Moti, armed with a country-made pistol, fired at the persons present in the panchayat causing injuries to deceased Keshav, Raja (P.W. 1 and the informant of the case), the injured Ram Chandra (P.W. 2), Rajendra (who was not examined in the Court), and P.W. 5 Phool Chandra. On the cries raised by the people present in the panchayat, the appellants Baram Deen and others ran away. After that the injured were brought on a bullock-cart to the police station. On the way, near the residence of Shiv Prasad, Keshav expired. The report of this incident was lodged by Raja, P.W. 1, at P.S. Keshavpur, 9 km. away, on 7.7.1998 at 8.30 p.m. S.O. P.S. Keshavpur, S.I. Sri S. K. Misra, the Investigating Officer, was present when the case was registered and he prepared the copy of General Diary and check report and recorded the statements of the informant at the police station. He then sent the injured Ram Chand and Rajendra for medical examination through Constable Krishna Saran and the injured Phool Chandra through Constables Sone Lal and Ram Bilas Ram. The informant was also sent for medical examination. After that he conducted the inquest (Ext. Ka-7) on the dead body at the police station. The body was then dispatched after preparation of the relevant papers for post mortem through Constable Rama Singh and H. C. Sumer Singh.
(3.) THE post mortem on the dead body of Keshav Singh, aged 50 years, was conducted by Dr. R. K. Misra, on 8.7.1998 at 3 p.m. Rigor mortis was passing off from the upper extremity and was present at the lower extremities. THEre was no sign of decomposition. THE abdomen was slightly distended. THE following ante-mortem injuries were seen : 1. Wound of fire arm entry 1/2 cm. x 1/2 cm. in front of left side of chest 9 cm. below the mid clavicular line. No blackening or tattooing present. Margins inverted irregular and at places lacerated. 2. Wound of fire arm entry 1/2 cm. x 1/2 cm. present in mid axillary line. 11 cm. lateral to left nipple, margins are inverted, and lacerated. 3. Wound of fire arm exit 1 cm. x 1 cm. everted margins present just below the inferior angle of right scapula. The thorax wall and pleura were lacerated. Both the lungs were punctured. One small metallic bullet was recovered from the right lung. The stomach contained half litre of blood and semi-digested food was present in semi-solid form. The small intestines were full. The death was due to shock and haemorrhage due to ante-mortem fire arm injuries sustained.;