- (1.) Both the appeals, arising out of the common judgment, were heard together and are being disposed of by the common judgment. Both the appellants were put on trial along with one Gautam @ Pramod Kumar Singh @ Bhola on the accusation of committing murder of Jai Ram Singh by causing firearm injuries to him. The court, having found these appellants, guilty convicted them for the offence punishable under Ss. 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act vide judgment dated 29.7.2011 and sentenced each of them to undergo imprisonment for life and further to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo simple imprisonment for three months and further to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000/ - with default clause to undergo simple imprisonment for two months under Sec. 27 of the Arms Act vide order dated 1.8.2011. The case of the prosecution, as has been projected, in the 'fardbeyan' (Ext. -3/2) is that on 4.10.2008, at about 6.30 a.m. while the deceased -Jai Ram Singh, father of the informant, Pramod Kumar Chotu (P.W. 10) was about to leave home for going to his duty, his granddaughter, aged about 5 years asked the deceased to drop her at 'Jubilee Park' where her grandmother (wife of the deceased) had gone for taking morning walk. The deceased left home for dropping her grand -daughter to the Park. As soon as, they proceeded slightly ahead of Baghe Jamshed School, some one fired shot at him. Seeing this, the granddaughter of the deceased screamed which drew attention of the informant and other persons. Thereupon, the informant (P.W. 10), his uncle, Jai Prakash Singh (PW. 5), Praveen Kumar Singh, Anil Kumar Singh (P.W. 3) and the another uncle, Haridwar Prasad Singh (P.W. 1) ran there and found two persons firing shots upon the deceased. After killing the deceased, they fled towards Rajendra Vidyalya. The informant and others took the deceased immediately to T.M.H. for treatment. Meanwhile, Srikant Upadhyay, Officer -in -Charge of the Bistupur Police Station upon receiving information that one man has been killed near Baghe Jamshed School and has been taken to T.M.H., he came over there and recorded the 'fardbeyan' (Ext. -3/2) of the informant, Pramod Kumar @ Chhatu (P.W. 10) who narrated about the incident as has been stated above.
(2.) On the basis of 'fardbeyan', a formal FIR (Ext. -10) was drawn and a case was registered against unknown. The I.O., Srikant Upadhyay (P.W. 14) himself took up the investigation during which he held inquest on the dead -body of the deceased and sent the dean -body for post mortem examination which was conducted by Dr. J. Sriniwas Rao (P.W. 11) who on holding autopsy on the dead -body found the following injuries: - - "External Injuries: - - 1 (i) Stitched wound present over left side of the head -8 cm in length, 9 stitches -6 cm above left eyebrow and 2 cm above upper border of left ear (pinna). (ii) Stitched wound: - -Present over front & upper most part of neck lying horizontally -15 cm in length, 13 stitches from 3 cm below left angle of mandible extending up to front middle of neck. (iii) Stitched Wound: - -Present over front middle of abdomen 191/2 cm in length and 21 Stitches extending from 5 cm below top of Xiphoid to 2 cm below umbilicus. (iv) Stitched Wound: - -2 cm in length -1 stitch present over left side of the abdomen -3 cm below lower -most rib of left side. (v) Stitched Wound: - -2 cm in length -1 stitch present over right side of abdomen of 16 cm above right iliac crest. 2(i) Firearm wound of entrance: - - 1.5 cm in diameter, circular in shape with blackening present over left side of the face, 8 cm below left eyebrow and 5Vz cm left lateral to left angle of the mouth. (ii) Firearm Glancing wound: - -1 cm X 1 cm present over left flank of abdomen 15 cm above left anterior superior iliac spine. (iii) Firearm wound of entrance: - -2 cm X 1 cm size over front middle of left thigh with blackening -171/2 cm above left knee with corresponding wound of exit. -3(i) Abrasion -1 cm X 1 cm size over top of left shoulder. Internal Injury. - -(i) Contusion of left fronto -temperoparietal and occipital region of scalp, (ii) Contusion of left temporalis muscle, (iii) Contusion of right fronto -temperoparietal region of scalp. (iv) Bullet entered into cranial cavity from the left side of the head, conturing, lacerating left temperoparietal region of scalp, making 2 cm X 2 cm size circular whole over left temporal bone of skull then - -lacerating, contusing left fronto -temporal lobe of brain travelling obliquely from left frontal to right occipital lobe of brain and also lacerating the track and lodged there from where it was recovered, preserved and handed -over to Constable. One bullet recovered from occipital lobe" of brainsize -length 3 cm diametre -3.9 cm marked as 'J', (v) Diffuse contusion of whole brain, (vi) Contusion laceration of facial muscles. (vii) Contusion of underlying neck muscles, (viii) Stomach wall repaired at two places, (ix) Contusion of mesentery at places, (x) Contusion of laceration of left thigh muscles."
(3.) The Doctor issued post mortem examination report (Ext. -6) with an opinion that all the injuries are ante mortem in nature and the death occurred due to hemorrhage and shock on account of injury No. 2 caused by fire arm.;