Pritinker Diwaker, J. - (1.) This appeal arises out of impugned judgment and order dated 12.2.1990 passed by the IInd Additional District & Sessions Judge, Muzaffarnagar in Sessions Trial No. 8 of 1987, convicting the appellant under Section 302 of IPC and sentencing him to undergo rigorous imprisonment for life.
(2.) In the present case, name of the deceased is Santokh Singh, who had advanced Rs.4,000/- to appellant-Gurnam Singh on credit basis and on 29.9.1986, at about 11.30 am, when deceased demanded back his money, there was altercation between the two and then it is said that the appellant caused single gunshot injury to the deceased, resulting his death. Incident has been witnessed by Gurubachan Singh (PW-1), brother-in-law of the deceased, Jogendra Kore (PW-2), wife of the deceased and Shravan Singh (PW-3). On the basis of written report Ex.Ka.2 lodged by Gurubachan Singh (PW-1), FIR Ex.Ka.3 was registered at 02.15 pm against the appellant under Section 302 of IPC.
(3.) Inquest on the dead body of the deceased was conducted vide Ex.Ka.7 and the body was sent for postmortem, which was conducted vide Ex.Ka.6 on 30.9.1986 by Dr. B.K. Agrawal. As the postmortem report was admitted by the defence at the stage of trial, Autopsy Surgeon has not been examined. As per postmortem report, following injuries were found on the body of the deceased: "(1) One gunshot wound of entry 6 mm x 6 mm x muscle deep on the (L) forehead 1 cm above eyebrow. (2) Two gunshot wounds of entry 6 mm x 6 mm x muscle deep on the (R) side of nose and upper lip 4 cm away from each other. (3) Multiple gun shot wound of entry in a area of 44 cm x 33 cm on the (R) neck (R) Chest (R) Abdomen. Each measuring 6 mm x 6 mm to 1 cm x 1 cm at varying distance of each other. All are skin to cavity - deep. (4) Multiple gun shot wound of entry in a area of 45 cm x 9 cm on the outer frontal aspect of (R) upper limb. Each measuring 6 mm x 6 mm to 1 cm x 1 cm at varying distance of each other. (5) Three gun shot wounds of entry on the top of (L) shoulder each measuring 6 mm x 6 mm x muscle deep in a area of 4 cm x 4 cm. (6) Two gun shot wound of entry on the (L) Chest (one at level of (L) nipple laterally 1 cm away 9' O clock point and other one 8 cm above) Each measuring 6 mm x 6 mm x muscle deep. Margins of all above injury are inverted blackening and tattooing absent. Direction from above downward backward." According to Autopsy Surgeon, cause of death of the deceased was shock and haemorrhage as a result of injury described.;