- (1.) The accused-appellants Meetpal and Dcendayal respectively are son and father and the learned Addl. Sessions Judge, Dholpur, under his judgment dated December 18, 1992 has convicted the accused-appellant Meetpal who has been convicted under Section 302 and 323 Indian Penal Code and Section 3/25 of the Arms Act. Accused-appellant Deendayal has been convicted under Section 302/34 IPC and Section 3/30 of the Arms Act. Accused-appellant Meetpal has been sentenced under Section 302 Indian Penal Code to suffer imprisonment for life and to pay a fine of Rs. 2000/- or in default of payment of fine to further suffer one years simple imprisonment. Under Section 323 Indian Penal Code accused-appellant Meetpal has been sentenced to suffer one months simple imprisonment to pay a fine-of Rs. 200/- or in default of payment of fine to further suffer 15 days simple imprisonment. Under Section 3/25 of the Arms Act the accused-appellant has been sentenced to one years simple imprisonment and to pay a fine of Rs. 200/- or in default of payment of fine to further suffer 15 days simple imprisonment. Accused-appellant Deendayal has been sentenced under Section 302/34 Indian Penal Code to suffer life imprisonment and to pay a fine of Rs. 2000/- or in default of payment of fine to further one years simple imprisonment. Under Section 3/30 of the Arms Act he has been sentenced to one months simple imprisonment and to pay a fine of Rs. 200/- or in default of payment of fine to further suffer 15 days simple imprisonment. The substantive sentences were ordered to run concurrently.
(2.) The case of the prosecution is that on April 4, 1985 at about p.m. Nasir Khan PW 9 along with his brother Hamid alias Hafij deceased had gone to the house of Dinesh Kumar PW 8, where both the accused-appellants are said to have come. They started to quarrel with Hamid. Meetpal is said to have given a lathi blow on the head of Hamid. Meanwhile, Shailendra Singh PW 1 and Munna PW 4 also arrived there and they intervened. The accused-appellant Meetpal had given a lathi blow to Munna and Munna received the said blow on his knee. On that, the accused-appellant Deendayal, who is an Ex-military personnel went to his house and returned with a 12-bore double barrel gun and gave it to his son Meetpal and exhorted him to fire and at this Meetpal fired the gun which hit Hamid on his chest. Munna also received pellet injury. A report of the incident was lodged by Nasir Khan PW 9 at the Police Station, Kotwali Dholpur were FIR No. 77/85 was registered. The FIR was lodged at the police station at 8.20 p.m. on the same day. The distance of the police station from the place of occurrence is about 5 furlongs. A case was registered and investigation was set in motion.
(3.) Hamid alias Hafij died as a result of gun-shot injuries and Dr. Radhey Shyam Sharma PW 7 conducted the autopsy on the dead-body of Hamid in the General Hospital Dholpur. Dr. Radhey Shyam found that the deceased had following injuries - "1. Abraison 1" X 1/4" Ant. side on middle of Rt. leg. 2. Gun shot wounds 1/4" X 1/4 cm. 6 in no. on the ant. side of neck. 3. Gunshot wound 1/4 x 1/4 cm. 16 in no. on the Ant. left side of chest. 4. Gunshot wound 1/4 cm. x 1/4 cm. 4 in no. on the left side of abdomen. 5. Gun-shot wound 1/4 x 1/4 cm. 5 in no. one post, side of left arm." In the opinion of Dr. Sharma there was charring present around all gun-shot wounds and the deceased died as a result of shock due to rapture in heart by pellets of gun-shot, vide post-mortem report.;