- (1.) This appeal is against the judgment and order dated 03.09.1993 passed by the IIIrd Additional District and Sessions Judge, Meerut in Sessions Trial No. 89 of 1989 by which the appellant has been convicted under sections 148 I.P.C., 302/149 I.P.C. and 307/149 I.P.C. and punished as follows: 3 years R.I under section 148 I.P.C.; imprisonment for life under section 302 read with 149 I.P.C.; and 7 years R.I. under Section 307/149 I.P.C. All sentences to run concurrently. Three persons, namely, Suresh Pal (the appellant); Sohan Pal @ Sonu; and Karan Pal were charge-sheeted by the police in Case Crime No. 317 of 1988, P.S. Mawana, District Meerut but, during trial court proceedings, Karanpal died therefore case against him was abated by order dated 28.04.1992. The other accused, namely, Sohan Pal @ Sonu, was reportedly abducted and killed in connection with which case crime No. 434/1992 under Sections 364 and 302 I.P.C. was registered but as his dead body was not recovered, by order dated 08.02.1993 of the trial court, his trial was separated from that of the present appellant (Suresh).
(2.) In brief, the factual matrix of the case is as follows: Sripal Singh (P.W.1) - brother of the deceased (Raj Pal Singh) gave a written report (Ex.Ka.1), which was registered as first information report (for short FIR) (Ex. Ka.3) at P.S. Mawana, District Meerut, at 5 pm, on 27.10.1988, alleging that while he was returning from Tehsil Mawana on a Scooter, which was driven by his brother Rajpal Singh Advocate (the deceased), at about 4:30 pm, just ahead of village Kheri, near a grove, a white ambassador car overtook them and stopped the scooter. From that car Sohanpal alias Sonu son of Tikam Singh; Karanpal son of maternal uncle of Sohanpal; and Suresh son of Kawar Singh (appellant) along with two others and driver came out. Sohanpal @ Sonu, Suresh (the appellant) and Karanpal fired at them from country made pistols which resulted in injuries to the informant and his brother Rajpal Singh, who died on the spot. On raising alarm and hearing gun shots, Ajay Pal (not examined), Bhagmal (P.W.2); Mahavir (not examined) and Niranjan along with others arrived. Seeing that, the accused escaped in their car. In the FIR it was also alleged that against the accused, the deceased - Rajpal Singh had lodged a first information report (i.e. Case Crime No. 233 of 1987) and because of this, on account of enmity, the offence was committed.
(3.) Inquest proceedings were held and completed on the same day by about 7 pm of which report (Ext. Ka-8) was prepared; the Investigating Officer (I.O.) (P.W.7) also collected bloodstained earth and plain earth from the spot and prepared its fard (Ex. Ka.14). Site plan (Ex. Ka. 7) was also prepared on the same day. 'Supardagi Memo' of the scooter and the articles recovered from the person of the deceased was also prepared on the same day. On the next day, 28.10.1988, the ambassador car used in the crime was recovered. From the car a shirt, pant along with few inland letters were recovered. The informant was medically examined by Dr. J.P. Sharma (P.W.5) at 11:05 pm on 27.10.1988 and an injury report was prepared (Ext. Ka-6) which disclosed multiple gun powder burnt marks in an area of 12 cm x 12 cm left side face and neck. Post-mortem examination was conducted on 28.10.1988 by Dr. P.N. Khanna (P.W.4) at about 1:30 pm and report (Ex. Ka.5) was prepared. Four ante-mortem injuries were found, namely, (i) Gun shot would of exit 3 cm x 1 and - 1/2 cm into brain cavity deep on the right side head 8 cm above rear with tattooing in an area of 17 cm x 11 cm due to injury no. (ii); (ii) Gun shot wound of entry 2 and - 1/2 cm x 1 and - 1/2 cm x chest cavity deep on right side back, 7 cm below right shoulder with tattooing present in an area 10 cm x 8 cm extending up to the front sides of upper 1/3 right arm; (iii) contusion 21 cm x 3 cm on the back of right shoulder; and (iv) Gun shot wound of entry -? cm x -? cm x brain cavity deep on left side lower part face 6 cm above lower jaw bone. According to the opinion of the doctor, death was due to syncope as a result of above noted firearm injuries .;