Umesh Kumar - (1.) This appeal has been preferred against the judgment and order dated 13.07.2004 in S.T.No. 164 of 2002 ( State Vs. Brijpal & another) convicting the appellants under Sections 302/34 IPC and sentencing them to undergo life imprisonment with a fine of Rs. 500/- each.
(2.) In brief, prosecution case is that (P.W.1) informant Guru Dayal lodged FIR.stating therein that on the pairavi of appellant-Brij Pal, a Government School was constructed on the land of informant behind his house due to which, appellants were on inimical terms; 4 months prior to the incident, in Qasba Chandausi, the son of informant had fired at appellant-Brijpal; thereafter, there was enmity amongst them; on the fateful day at about 4.45 PM, while he along with his sons Kunwar Pal, Rohtash son of Rameshwar and Nem Singh son of Som Pal were going to the house of his elder brother at Naseer Pur through village Sikri and when they reached near Badaun chungi Bus adda, near the house of Chandresh Gupta, Advocate, accused Brij Pal, Siya Ram armed with country made pistol of 315 bore and 12 bore fired on the head of his son Kunwar Pal and then the accused fled away towards Kabir Gali; on account of fear, informant and other persons passing therefrom could not chase the accused. After receiving injuries, Kunwar Pal son of informant died; the dead body lay on the spot. On the said information, written report (Ex.Ka-1) was scribed by Chandra Pal. On the receipt of said report, police lodged first information report (Ex.Ka-2). G.D. entry in this respect was made at 5.30 PM in GD. No. 38(Ex.Ka-3). The SHO/P.W.6 recorded statements of Head Moharrir/P.W.3 and informant-Guru Dayal(P.W.1). Thereafter, inquest (Ex.Ka.5) was conducted by P.W.5/ the SI, under the supervision of P.W.6 . During inquest, a 12 bore country made pistol and 3 cartridges were recovered from the possession of deceased. Inquest prepared in the light of petromax. P.W.5 prepared other relevant police papers i.e. photo lash, challan lash, letters to RI and CMO, specimen seal (Ex.Ka 5 to Ex. Ka.10). Blood stained and plain earth was collected from the spot. Recovery memo (Ex.Ka-11) was also prepared. The dead body was handed over to the two named Constables for sending the same to the hospital for autopsy. Autopsy( Ex Ka.4) of the body of deceased was conducted by (P.W.4) P.W.4 the doctor. He found following injuries on the body of deceased; 1. Gun shot wound of entry 8 cm x 6 cm x brain cavity deep and right pinna. No blackening charring present. 2. Gun shot wound of entry 7 cm x 6 cm x brain cavity deep over right side occipital region of skull. Brain material is coming out from wound. No blackening and charring present. 3. Lacerated wound 1 cm x cm x muscle deep over right side of fore head. Cause of death is shock and coma, as a result of ante mortem gun shot injury".
(3.) During investigation, The I.O/P.W.6 recorded statements of the witnesses, arrested the accused and prepared site plan (Ex.Ka-12) on the pointing out of informant and witnesses. After completion of investigation, charge sheet (Ex.Ka.13) has been submitted against the appellants.;