Pritinker Diwaker, J. - (1.) This appeal arises out of impugned judgment and order dated 21/22.04.2009 passed by Additional Sessions Judge, Court Room No.5, Saharanpur in Sessions Trial Nos.554 of 2007, 609 of 2007 and 610 of 2007, convicting the appellants under Sections 302/34 of IPC and sentencing them to undergo imprisonment for life, with a fine of Rs. 10,000/- each, in default thereof, one year rigorous imprisonment. However, the appellants have been acquitted of the charge under Section 25 of the Arms Act.
(2.) As per prosecution case, about a year prior to the date of incident, i.e. 24.5.2007, accused Bhullan abducted the daughter of Subhash (deceased), namely, Sangeeta. On the basis of a report lodged by Subhash, accused Bhullan was arrested and about a week prior to the incident, he was released on bail. Four days prior to 24.5.2007, one Naresh and Somdutt had approached Subhash, asking him to withdraw the case against accused Bhullan or to face consequences. Subhash had refused the demand of accused Bhullan and had decided not to withdraw the case against accused Bhullan. Annoyed with the decision of Subhash, on 24.5.2007 at about 6.00 pm, when Subhash was selling 'chat', accused Sushil and Bhullan reached there, carrying country made pistols with them and both of them caused firearm injuries to Subhash, resulting his instantaneous death. Incident has been witnessed by Surendra (PW-1), Raj Kumar (PW-2) and father of the deceased Mam Chandra. At 7:20 pm o 24.5.2007 itself, FIR Ex.Ka.3 was lodged by Surendra (PW-1) against the appellants, Naresh and Somdutt under Sections 302 and 120-B of IPC. Inquest on the dead body of the deceased was conducted vide Ex.Ka.20 on 24.5.2007 and the body was sent for postmortem which was conducted on 25.5.2007 vide Ex.Ka.2 by Dr. Ashok Agrawal (PW-3).
(3.) As per Autopsy Surgeon, following injuries were noticed on the body of the deceased: "1. Gun shot wound of entry 2 cm x 1 cm x chest cavity deep on right side front of chest 12 cm above from right nipple at 1 O'clock position 3.5 cm below sternal end of right clavicle. Margins are inverted. Colour of abrasion present. The wound is directed inwards downwards left side. 2. Gun shot wound of entry 1 cm x 1 cm x chest cavity deep on left side front of chest, 5 cm below from left nipple at 8 O'clock position. Margins are inverted. Colour of abrasion present. The wound is directed inwards, upwards, towards right side. 3. Gun shot wound of exit 3 cm x 1 cm x chest cavity deep on left side back of chest, 2 cm left to midline, 14 cm below of angle of left scapula. Margins are everted. On exploration- This injury is connecting/communicating to injury no.1. 4. Gun shot wound of entry 3 cm x 1.5 cm x bone deep on dorsal of right hand, just below base of right index finger. Margins are inverted. Blackening and tattooing present. Under Neath - Injury - Bones are fractured. 5. Gun shot wound of exit - 4 cm x 2 cm x bone deep on palmer aspect of right hand, just below base of right index finger. Margins are everted. On probing - This injury is communicating to injury no.4." The cause of death of the deceased was due to 'shock and haemorrhage as a result of antemortem injuries noted'.;