SHARMA, J. - (1.) UDAI Singh @ Rajendra Singh @ Raju Bana and Ummed Singh, the appellants herein, were put to trial before learned Additional Sessions Judge (Fast Track) No. 2 Kota, who vide judgment dated February 20, 2003 convicted and sentenced them under section 302 IPC to suffer imprisonment for life and fine Rs. 3000/-, in default to further suffer three months imprisonment.
(2.) IT is the prosecution case that on January 10, 2001 around 9 PM while Mohan Lal (now deceased) proceeded with Babu Lal Gurjar to his house, Shambhu Singh opened fire at Mohan Lal and appellants Udai Singh and Ummed Singh inflicted injuries with lathi and Kuntia on the person of Mohan Lal, who died on the way while taken to the Hospital. Satya Narayan (Pw. 1) submitted written report (Ex. P-1) at police station Bapawar Kalan where case under section 302/34 IPC was registered and investigation commenced. Since Shambhu Singh died during investigation, charge sheet was filed only against the appellants. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2 Kota. Charge under section 302 in the alternative 302/34 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 30 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Five witnesses in defence were examined. On hearing final submissions learned trial Judge convicted and sentenced the appellants as indicated herein above. We have heard the rival submissions and scanned the material on record. Death of Mohan Lal was undeniably homicidal in nature. As per autopsy report (Ex. P-13) following ante mortem injuries were found on the dead body:- 1. Incised wound 7 x 1cm x bone deep on vertex of scalp. 2. Incised wound 8 x 2cm x muscle deep on back of neck Lt. side. 3. Stitched wound 8cm long on Lt. temporal region of scalp. 4. Abrasion (3 in No.) 2 x 1cm to 2 x 2cm Rt. cheek & zygomatic region. 5. Abrasion 4 x 1/4cm Rt. forearm on 1/3 portion. 6. Abrasion 1 x 1cm Rt. knee cap. 7. Abrasion 1/4 x 1/4cm Rt. leg L. 1/3 antly. 8. Abrasion 3 x 3cm back of chest scapular region (Lt.) 9. Contusions (3in No.) 4 x 2cm to 2 x 2cm on back of chest Lt. side. Post mortem injuries: 1. Cut 17 long transverse on center of forehead. 2. Post mortem removal of skin 15 x 8cm on center of fronto parietal region skin flap lying separately The cause of death was shock as a result of ante mortem injury to spleen with cumulative effect of head injury. Babu Lal (Pw. 3) in his deposition stated that on his pursuation deceased accompanied him upto his house to make appellant Udai Singh understand. He deposed thus:- ....Vernacular Text Ommited....
(3.) INFORMANT Satya Narain (Pw. 1) alleged that fire opened by Shambhu Singh hit on the forehead of his father, whereas as per post mortem report no gun shot injury was found on the forehead of the deceased. Satya Narain as per his own statement reached to the spot after the incident occurred. He stated thus:- ....Vernacular Text Ommited.... Dr. Ashok Mundra (Pw. 7), who conducted autopsy on the dead body, deposed that main cause of death was injury to the spleen. In his cross examination he stated that:- ;