Imtiyaz Murtaza, J. - (1.) THE criminal appeal has been filed against the judgment and order dated 31.3.1983, passed by Special Judge, Shahjahanpur whereby the appellant Ram Pal Singh is convicted under Section 302, I.P.C. and sentenced to imprisonment for life and appellants Shivraj Singh, Ram Singh and Sher Singh are convicted under Section 302 read with Section 34, I.P.C. and sentenced to imprisonment for life.
(2.) ACCORDING to the first information report, lodged by Kundan Singh, he has an old house in village Harpara, and about a year ago, he had built another house to the north west of the village in his agricultural field and started living there. He wanted to remove bricks of his old house, but on being objected to by appellant Ram Pal Singh, he could not remove the same. In the night preceding the occurrence, it is stated, there was heavy rains and as a sequel to heavy rain, wall of his old house had caved in. With a view to repair the wall, informant Kundan Singh, his brother Gurmaiz Singh and his nephew Hardev Singh started collecting the fallen bricks. At that time Ram Pal Singh armed with a licensed gun of his father and Ram Singh, Shivraj Singh and Sher Singh carrying lathi in their hand, appeared at the place and throwing challenge, they gave exhortation that no one should be allowed to escape unscathed and all be killed. The complainant raised an alarm and bolted towards his house. At that time, hearing the alarm, his father Tara Singh alongwith Mohan Singh and Zail Singh were attracted and rushed to the grove of Gokaran Singh to rescue him. Ram Pal Singh fired from the gun which hit the father of the informant on his head. The remaining persons exhorted that he should be killed. Accused Ram Pal Singh fired second shot which hit on the knee of Tara Singh. It is further alleged in the report that Kundan Singh informant also fired gun shot to save his father and caused minor injuries. Tara Singh injured was brought by the complainant's brother Jagir Singh on a bullock cart and a report was lodged on 19.7.1980 at 1.30 p.m. under Section 307, I.P.C., P.S. Nigohi, at Case Crime No. 195A. The injured was medically examined on 19.7.1980 at 8.15 p.m. at P.H.C. Nigohi by Dr. K. N. Tewari and following injuries were noted : (i) One oval lacerated wound of 1 x 1 cm. in the middle of forehead, 2 cm. above the root of nose. Wound is bone deep. (ii) Abrasion of 3 x 2 cm. with lacerated wound of 1/2 x 1/2 cm. on left patela. Wound is bone deep. The injury report is Ext. Ka-2. In the opinion of the doctor, injuries were kept under observations and advised 'X-ray' and the injuries were caused by fire arm. Tara Singh expired at 5.45 p.m. on 20.7.1980 and his post-mortem examination was conducted by Dr. S. C. Gupta at 4 p.m. on 22.7.1980. Following anti-mortem injuries were noted : (i) The gun shot wound of entrance 1/2 cm. diameter x brain deep, circular, with irregular and inverted margins on the middle of fore-head, 1 cm. above the medial end of right eye brow. Direction straight backward. There is no blackening, scorching or tattooing. (ii) Gun shot wound of entrance 1/2 cm. circular, with irregular inverted margins x bone deep on the front of left knee joint. There is no blackening, scorching or tattooing around wound. (iii) Abrasion 1 cm. diameter on the front of right knee joint. The post-mortem report is Ext. Ka-4. In the opinion of doctor, cause of death was due to Coma as a result of injuries. A metal pellet was recovered from brain and a metallic pellet recovered from left knee joint.
(3.) THE inquest on the dead body was conducted. Inquest report is Ext. Ka-9, Naksha Lash Ext. Ka-10, Chalan Lash Ext. Ka-11 were prepared. After receiving the post-mortem report, the case was altered from Section 307, I.P.C. to under Section 302, I.P.C. vide G. D. entry No. Ext. Ka-6. The initial investigation was conducted by S.I., B. S. Yadav. To begin with, he recorded the statement of complainant Kundan Singh and Gurmez Singh at P. S. Nigohi and thereafter, went to the place of occurrence. On 20.7.1980 he recorded the statements of witnesses Zail Singh and Mohan Singh, inspected the spot and prepared the site plan Ext. Ka-5. Subsequent investigation was conducted by S.O. A. P. Pandey P.W. 5. On 10.9.1980 he recorded the statement of accused Ram Pal Singh, while on 12.9.1980 he recorded the statement of Hardev Singh and after completing the investigation, he submitted the charge-sheet dated 12.10.1980, Ext. Ka-3. After submission of charge-sheet, case was committed to the Court of Sessions and charges under Sections 302 and 302/34 were framed against the accused.;