VIRENDRA KUMAR SRIVASTAVA, J. - (1.) The instant appeal has been preferred on behalf of the appellant against the judgment and order dated 25.9.1996 passed by the learned IVth Additional District and Sessions Judge Bulandshahar in Sessions Trial No. 231 of 1992 (State v. Beeru) arising out of Case Crime No. 727 of 1991, under sections 302/34, 394 and 404 Indian Penal Code (I.P.C), Police Station Sikandrabad, District Bulandshahar, whereby the accused-appellant Beeru has been convicted and sentenced for the offence punishable under section 302/34 IPC to undergo life imprisonment. The appellant has further been convicted and sentenced under section 394 IPC to undergo rigorous imprisonment for a period of three years and under section 404 IPC for a term of one year rigorous imprisonment All the sentences were directed to run concurrently.
(2.) Briefly stated that prosecution case is that Ramesh Chand (P.W.1), his nephews Dharmpal(P.W.2), Jai Prakash (deceased) Jagveer (P.W3), Veeran Babu (P.W.4) and accused appellant Beeru are resident of village Chanderan, P.S Sikandrabad, District Bulandshahar. Since last four years there was previous enmity between complainant Ramesh Chand (P.W.1) and accused-appellant Beeru.On 16.12.1991 at about 1.30 p.m. the first information report (FIR) was lodged by Ramesh Chand (P.W.1) against the appellant Beeru and two unknown persons with respect to the incident of same day occurred at about 10.00 a.m. alleging therein that the complainant and his nephew Dharmpal (P.W.2) were going for buffalo to his kith and kin Godha Singh at village Kulee on cycle along the track of Gang canal. Another nephew of the complainant Jai Prakash (deceased), Veeran Babu (P.W.4) and Jagveer (P.W.3) were going on their cycles to attend I.T.I.School Muawana who were ahead to 100 yards to them. When they reached at about 10.00 a.m at the distance of approximately one kilometre from village Mohammadpur Kalan, Beeru (accused appellant) son of Ratana Jatav with his two associates equipped with country-made pistol appeared from the bank of the Gang Canal. They caught Jai Prakash (deceased) at the track of the Gang Canal and fired at him from their respective country made pistol. Veeran Babu (P.W.4) jumped into the canal on account of trepidation and awfulness. Jagveer (P.W.3) was caught by the third malefactor. The complainant and Dharmpal (P.W.2) handled their cycles swiftly and reached at the spot. The accused appellant Beeru threatened him to liquidate at the dint of country made pistol. The appellant and his associates threw the corpse of Jai Prakash in the canal and disappeared riding on cycle of Jai Prakash and Veeran Babu (P.W.4) towards Mohammadpur Kalan from the trail of canal. After the disappearance of the accused persons the complainant raised an alarm and on hearing his lamentation and shriek, the local persons gathered at the spot. With the succour and assistance of those persons the dead body of Jai Prakash was taken out from the canal. Veeran Babu (P.W.4) had given information of this incident in the village. A number of persons of the village Chanderan including his brother Narain , Bal Kishan and others gathered at the spot. The two associates of Beeru were duly recognized by the complainant, Dharmpal(P.W.2), Veeran Babu (P.W.4) and Jagveer (P.W.3) who can be identified by them. The accused appellant was nurturing animus and grudge against the family of deceased Jai Prakash on account of which Jai Prakash has been done to death by the accused appellant and his two associates. The contents of the report were written by Raj Kumar at the dictate of complainant Ramesh Chand (PW.1). The report was submitted to Head Moharrir Shyam Lal (P.W.6), who prepared chick F.I.R (Ex.ka.2) and made necessary entries in the G.D, vide Case Crime No. 737 of 1991 under section 302/394 IPC (Ex.ka.3) at Police Station Sikandrabad, District Bulandshahar.
(3.) Investigation was entrusted to S.I. Hukum Singh (P.W.7) who swung into action. He noted the relevant materials in the case diary. He recorded the statement of the complainant Ramesh Chand (P.W.1) and the Head Moharrir Shyamlal who had prepared the Chik FIR ( Ex.Ka.2), besides many other witnesses and visited the spot at the instance of the complainant and prepared site plan (Ex.ka.7). He took the corpse of deceased Jai Prakash into his custody and prepared inquest report and other relevant papers. The corpse of deceased Jai Prakash was duly sealed. After carrying out necessary formalities, the corpse of Jai Praksh was sent to mortuary for autopsy along with letter issued to the Chief Medical Officer, Bulandshahar escorted by Constable Sanjai Kumar (P.W.5) and Ved Prakash. He collected the blood stained and plain earth in two separate containers and prepared memo (Ex.ka8). The post mortem of the deceased Jai Prakash was conducted by Dr. Sunil Kumar Sharma (P.W.8) on 17.12.1991 at 2.30 p.m. who found the following antemortem injuries on the person of the deceased. Ante-mortem injuries : 1. Gunshot wound of entry size 1.5 x 1.5 cm x chest cavity deep on right side of chest 3 cm below and medial to right nipple. Margins inverted and irregular blackening and tatooing present. 2. Gunshot wound of entry size 1.5 x 1.5 cm x brain deep on left side of head 3 cm away from left ear, margins inverted and irregular. Blackening and tattooing present. ;