UMESH KUMAR,J. - (1.) This criminal appeal has been preferred against the judgment and order dated 28.02.2004 passed by Addl.Sessions Judge, Chandausi, district Moradabad in S.T. No. 866 of 2002 ( State Vs.Jag jeevan & others), by which, appellants were convicted and sentenced for life imprisonment with a fine of Rs. 5000/- and in default thereof, to undergo two months additional imprisonment.
(2.) Briefly stating, the prosecution case is that (P.W.1) Sher Singh-informant lodged report stating that prior to the present incident dated 30.3.2002, due to certain criminal cases, he and his family members were having inimical relations with the accused-appellants; on the said date at 6.00 PM, he, his brothers Pan Singh and Jai Singh went to their fields to cut (barseen) fodder grass; when they reached their field adjacent to their house, accused Kameshwar Yadav, Jag Jeevan, Sunder and Prem Pal, all armed with country made pistols arrived their, surrounded his brother-Jai Singh; fired at Jai Singh who received fire arm injuries. The informant and his brother Pan Singh were at some distance, hence they escaped unhurt; as they were empty handed, they failed to nab the accused persons; the event was witnessed by them, Kalyan (PW-2) and Vijay of their locality/village; on raising alarm, accused persons flaunting country made pistols ran towards west in the jungle; when they reached near his brother-Jai Singh, he lay dead. After getting the oral information about the incident, Head Constable Vinod Kumar Pandey, executed FIR (Ex.Ka-1), information was entered in the GD No. 17 at 20.55 PM on 30.3.2002. The Investigating Officer started investigation in the matter, conducted inquest (Ex.Ka-5), prepared relevant police papers i.e. photo lash, challan lash, letters to R.I. and C.M.O. and seal ( Ex.Ka- 6,7,8,9 and 10). He also prepared recovery memo of blood stained and plain earth and 3 empty cartridges, two empty cartridges of 12 bore and one empty cartridge of 315 bore (Ex.Ka-2 and 3). After completing necessary formalities, dead body was sent for post mortem to the hospital, where (P.W.5) Dr. Y.C. Gupta conducted post mortem examination of the deceased. He prepared autopsy report (Ex.Ka- 5) and found following injuries on the body of deceased-Jai Singh; "1. Gun shot wound of entry 6 cm x 4 cm x neck deep on the left side neck just below left ear. There is blackening, charring, tattoing on around the wound. Margin were inverted under neeth the injury there is comminuted fracture of left mandible. Five small metallic pallets were removed from the different muscle of left side neck near injury no.2. 2. Gun shot wound of exit 8 cm x 6 cm x in continuation of injury no.1. Margins are lacerated. 3. Gun shot wound of entry 4 cm x 3 cm x skull deep on left side skull 7 cm above the left ear. There is blackening charring and tattoing all around the wound underneath the injury almost all brain material is missing. There is fracture of all skull wounds. Margins are inverted. 4. Gun shot wound of exit 10 cm x 8 cm x in continuation to injury no. 3 on right side of skull and forehead. Margin are inverted. 5. Gun shot wound of entry 4 cm x 4 cm x chest and abdomen deep on back and lower part of right side chest 8 cm below the lower angle of right scapula and 9 cm away from mid vertebral line. Margins are inverted underneath the injury right lung and liver badly damage. There was about one liter clotted blood in right side chest cavity 20 small metallic pellets with one cap were removed from liver and abdominal wall (post and anterior) and different parts of abdomen. Total 50 small metallic pellets one cap are removed and sealed".
(3.) During investigation, the Investigating Officer prepared site plan, recorded statements of witnesses and after completion of the investigation, submitted charge sheet against the accused persons ( Ex.Ka-12 and Ex.Ka-13).;