R.R.PRASAD, J. - (1.) ACCUSED 1 to 3 in Sessions Trial No. 189 of 1997 are the appellants. Janu Chaudhary and Manu Chaudhary, who were arrayed as A -4 and A -5, were acquitted and the appellants alone were found guilty for the offence under Sec.302/34 of the Indian Penal Code, upon which each one of them was sentenced to imprisonment for life. The appeal is against the said conviction and sentence.
(2.) THE deceased, Binod Ram, is the brother of PW -4, Sanjay Ram. At about 7.00 - 8.00 p.m. , Binod Ram, the deceased, was returning from Chainpur market after purchasing medicines. He found accused persons surrounding the deceased Binod Ram. A -4 and A -5, who were acquitted by the trial court, were found holding the hands of the deceased. A -1, Roman Chaudhary shot at the deceased with the Double Barrel Breach Loading gun. PW -3 raised alarm and on hearing his cries, Sanjay Ram, PW -4 reached the place. The accused went away. PW -1, in whose courtyard the deceased fell down, also reached the place. The deceased wanted his father to be brought. After the father of deceased came to the scene of occurrence, injured, Binod Ram, was taken to the police station from where he was referred to the hospital. On the way, he died. The Fardbayan, Ext. 3, on being given by PW -3, who is the brother of the deceased, Binod Ram, a crime was registered and investigation was taken up. PW -8, Rajendra Singh, the police officer, conducted inquest and later sent the dead body to the hospital for autopsy. On receipt of the requisition and the dead body, PW -6, Dr. Narayan Chandra Agrawal, conducted post mortem on the dead body of Binod Ram and found a gun shot injury with the entry wound measuring 1/2 cm in diameter. There was blacking and charring around the entry wound. Another wound was found in left mid clavicular line 3" below left nipple. Exit wound was found measuring 2" in diameter with blacking and charring over left sub -scapular line 4" below the tip of left scapula, On probing the wound, the doctor noticed that both wound were communicating with each other. On dissection, anterior and lower part of left pleura was seen lacerated and congested. The diaphragm was found pierced and the abdomen and spleen were punctured through and through, with congestion and blood. The peritonial cavity was found with full of blood. The doctor issued Ext.2, the post mortem certificate, with his opinion that death is on account of gun shot injury.
(3.) AFTER the completion of investigation, final report was filed. On being questioned under Sec.313 of the Code of Criminal Procedure, the accused -appellants denied all the incriminating circumstances. They did not examine any witness on their side.;