Shiv Kumar Sharma, J. - (1.) The three appellants Digamber Singh, Udai Singh and Govind Singh were indicted before the learned Sessions Judge No. 2, Bharatpur in Sessions Case No. 75/1994 for having committed murder of Chetan. They were convicted and sentenced vide judgment dated October 31, 1995 as under: (i) Digamber Singh- under section 302 IPC to undergo imprisonment for life and a fine of Rs. 500/- and under section 3/25 of the Arms Act, to suffer three years R.I. and fine of Rs. 500/- in default to further suffer one year R.I. (ii) Udai Singh and Govind Singh- under section 302 read with 34 IPC to suffer imprisonment for life and a fine of Rs. 500/- in default to further suffer six months R.I. Both these sentences were directed to run concurrently. Against this judgment of conviction that the present action for filing the instant appeals have been resorted to by the appellants.
(2.) The prosecution story is woven like this. Dhara Singh (PW 1) submitted a written report (Ex.P1) to ASI Mangal Singh (PW 15) of Police Station Nadbai on July 17, 1994 around 8.15 AM at General Hospital, Bharatpur with the averments that there was a foundation dispute between the appellants and the complainant party and on this score there was some altercation. Chetan (now deceased) suddenly appeared that the scene and then appellant Digamber Singh fired the gun which hit on the right eye of Chetan and he fell down. Chetan was taken to Nadbai Hospital in an unconscious state from where he was referred to Bharatpur Hospital, but he died on the way. Written report was forwarded to Police Station Nadbai where formal FIR bearing No. 238/94 under section 302/34 IPC was registered and investigation commenced. Site plan of the place of occurrence Ex. P2 was drawn, inquest report (Ex.P3) of deceased Chetan was prepared and autopsy on the dead body was conducted- Vide Post mortem report (Ex.P 19), the statement of witnesses under section 161 Cr.PC. were recorded, appellants were arrested and at the instance of appellant Digamber Singh, fire arm was recovered. Three lead pellets/pieces contained in packet D, one 12 bore country made pistol, marked W/1, one 12 bore chetak fire king blank cartridge, marked L/1 and two 12 bore K.F. special cartridges, cases marked C/1 & C/2 contained in packet F were sent to FSL. On completion of the investigation charge sheet was Lald against the appellants and one Daulat. In due course the case came up for trial before the learned Addl. Sessions Judge No. 2, Bharatpur. Co- accused Daulat died in the course of the trial and proceedings against him stood abetted.
(3.) Learned trial Judge framed charges against appellant Digamber Singh under section 302 IPC and 3/25 of the Arms Act whereas the other appellants Udai Singh and Govind Singh were charged under section 302 read with 34 Indian Penal Code The appellants denied the charges and Claimed to be tried. The prosecution in support of its case examined as many as 15 witnesses. In the Explanation under section 313 Cr.P.C., the appellants claimed innocence. Digamber Singh examined himself as DW 1. The learned Trial Court on hearing the final submissions convicted and sentenced the appellants as indicated hereinabove :;