- (1.) BOTH the appellants were put on trial on the accusation of committing murder of Manoj Kumar Gupta in furtherance of their common intention by causing firearm injury to him. The trial court having found both of them guilty convicted them for the offence punishable under Sec. 302/34 of the Indian Penal Code vide its judgment dated 19.4.2008 and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 30,000/ - out of which Rs. 5000/ - was ordered to be deposited in favour of the State Government and the rest of the amount was ordered to be paid to the widow of the deceased.
(2.) THE case of the prosecution as has been made out in the Fardbeyan (Ext. 4) is that Manoj Kumar Gupta was having a counter for selling building materials. As usual on 4.5.2005 he left home at about 5 p.m. in the evening for coming to his counter. At about 7 -7.30 p.m. someone rang to the informant and informed that Manoj Kumar Gupta has been shot at Munka Bagicha. On getting this information, the informant, Sanjay Kumar Gupta (P.W.8) and his brother Bablu Kumar Gupta (P.W.7) came and found their brother Manoj Kumar Gupta seriously injured. Immediately he was taken to Hospital. In the way, he in the state of semi consciousness was uttering that someone by calling on his Mobile asked him to come to Munka Bagicha as he had to purchase sand, stone chip etc. On receiving call, he came to Munka Bagicha on his Motor Cycle where both the appellants shot at him. At the Hospital some treatment was given to him by Dr. Vijay Shankar (P.W.10) as well as by Dr. Anwar Akram (not examined). Upon giving first aid, the patient was asked to be taken to RIMS. While he was being taken to RIMS, patient died in the way at about 11 p.m. on 4.5.2005.
(3.) THE dead body was again brought to Hospital where Sudhir Kumar Verma, A.S.I posted at Sadar Thana came and recorded the Fardbeyan of the informant, Sanjay Kumar Gupta at about 6.30 p.m. on the next day i.e, 5.5.2005. On such fardbeyan, a formal FIR (Ext. 5) was drawn and the case was lodged against the appellants. P.W.9, Sudhir Kumar Verma himself took up the investigation. During investigation, he held inquest on the dead body of the deceased and prepared inquest report (Ext. 6). After preparing an inquest report, the dead body was sent for post mortem examination which was conducted by Dr. Marshal Aind (P.W.1), who upon holding autopsy on the dead body did find following external injuries. "1. Blood clots on both side of lower part of face redish in colour. 2. Left upper eye lid swollen and bluish in colour. 3. At lateral edge of left eye -brow, stitched wound was found. On removing stitch, lacerated wound 1/4" x 1/4" x muscle deep was found. Spots of multiple blood clots on right arm redish in colour were found. On upper part of right arm laterally oval shaped wound inverted margin measuring 1" x 1/2" x muscle deep. 4. In right mid arm anteriorly oval shaped wound with everted margin 1 - 1/4" x 1". 5. Right chest laterally in mid portion lacerated wound 1 - 1/2 x 1" x muscle deep. 6. On left chest on the back lateral to scapular lacerated oval wound with inverted margin blackened skin around wound 3/4" x 1/2" x chest cavity deep - wound of entrance. 7. Blood spot on back left chest in front just below mid clavicle, transversely a clear cut wound with sharp angle at the ages and slightly curved margin 1" x 1/4" x chest cavity deep. Spots of blood clot on chest. Internal Examination : On opening chest - blood clots present in chest cavity. Right lung pale intact, left lung ruptured and damaged. Heart in both chamber empty. Liver, spleen and kidney were found pale and intact. One piece of bullet was removed from left iliac fossa embedded in membrane posteriously." Dr. issued post mortem examination report (Ext. 1) with an opinion that death was caused due to haemorrhage and shock caused by firearm injuries. Meanwhile, the Investigating Officer recorded the statement of the witnesses and also inspected the place of occurrence.;