Pritinker Diwaker, J. - (1.) This appeal arises out of impugned judgment and order dated 08.06.1990 passed by Sessions Judge, Varanasi in Sessions Trial No. 2 of 1990, convicting the appellant under Sections 302/149, 307/149 and 148 of IPC and sentencing him to undergo imprisonment for life under Section 302/149, seven years rigorous imprisonment under Section 307/149 and one year rigorous imprisonment under Section 148 of IPC, with a direction that all the sentences shall run concurrently.
(2.) As per prosecution case, deceased Kashi was a rickshaw puller and on 11.08.1988 at about 12:00 in the afternoon, when he was returning to his house for having his meal, accused appellant Khania and the absconded accused Munna and Radhey stopped and asked him to transport stolen railways articles, however, the deceased refused to the said request. Hearing the reply of the deceased, accused persons got annoyed with him and threatened him for dire consequences. It is said that on 13.08.1988 at about 2:00 a.m., when deceased Kashi was sleeping in his house along with his wife Dasi (PW-2), children, whereas his father Jagarnath (PW-1) was sleeping at the western side of the courtyard, accused persons including the appellant gained entry in his house, pulled the deceased out, absconded accused persons caught hold of him, whereas the accused appellant caused a gunshot injury on his chest, resulting his instantaneous death. It is said that when Jagarnath (PW-1), father of the deceased, tried to save his son, he too was subjected to firearm injury. At 6:45 in the morning, FIR (Ex.Ka.15) was lodged by PW-1 against the appellant and absconded accused persons under Sections 148, 149, 302 and 307 of IPC. Inquest on the dead body was conducted vide Ex. Ka.4 on 13.08.1988 and on the same day, injured Jagarnath (PW-1) was medically examined vide Ex. Ka.3 by Dr. Umesh Chand Sharma (PW-4).
(3.) Body of the deceased was sent for postmortem which was conducted on 14.08.1988 by Dr. C.B. Tripathi (PW-3) vide Ex.Ka.-2. As per Autopsy Surgeon, following injuries were found on the body of the deceased: "1. Gunshot wound of entrance 2cm x 21/2cm over front right side of chest 12cm outer to midline and 7cm below sternal notch. Blackening and tattooing present over front of both sides of chest and front and outer aspect of right forearm, elbow and lower Lt. of arm. Margins lacerated and inverted. The Missiles had passed through chest wall fracturing third right coastal cartilage and adjacent sternal bone right border, perforated pericardium, both sides abrasion pulmonary arteries and veins and superior angle tissue over vena cava perforated both sides lungs, pleura pressed towards left, perforated pleura and fracture 6th and 7th left side ribs on back." According to autopsy surgeon, cause of death of the deceased was shock and haemorrhage as a result of injuries to heart and lungs.;