- (1.) THE appellant, Manoj Bhagat, was arrayed as A 1 before the Sessions Judge alongwith four other accused. The other four accused, A2 to A5, were acquitted, while the appellant alone was found guilty under section 302 I.P.C., for which he was sentenced to imprisonment for life. The present appeal is against the said conviction and sentence.
(2.) JHAGRU Rai, who set the law in motion by giving the complaint at the police station, is the son of Bilchu Rai (the said Jhagru Rai died pending trial and the said fact was brought out through the evidence of RW. 8, the process server through whom the service reports Exts. 6 and 7 were produced and marked). There was a dispute between the appellant and the deceased Bitchu Rai as regards the enjoyment of 29 bighas of land. The case of the prosecution is that Jainarayan Bhagat, who was arrayed as A5 and acquitted by the trial court, threatened the deceased Bilchu Rai and the son Jhagru Rai that they will be severely dealt with. This is said to be the motive for the occurrence, which took place at 7.00 a.m. on 7.11.1995. On 7.11.199S at 7.00 a.m., the deceased Bilchu Rai left his village accompanied by his son Jhagru Rai. They wanted to go to the village Malbhandari. After purchasing articles, they were returning to the house. On the way, they saw the appellant and the other four accused. On seeing the appellant and other four accused, they proceeded towards west but the appellant and others followed them. The deceased and his son Jhagru Rai became panicky and they started running. At that time, Nandlal Bhagat, who was acquitted by the trial court, abetted and shouted that Bilchu Rai and Jhagru Rai must be shot. The others chased the deceased and his son. The deceased ran towards a piple tree and at that time, one Binod Bhagat shot at the deceased, which caused an injury on the elbow. The deceased Bilchu Rai holding his right elbow ran towards a lane in which the house of P.W. 4 Md. Sultan, was situated. While the deceased was trying to enter the house of P.W. 4, Md. Sultan, the appellant shot at him with a country made pistol hitting him on the abdomen. Bilchu Rai fell down and died. The appellant attempted to shoot at Jhagru Rai but could not succeed. Thereafter the appellant and others went away from the place. A complaint was given at the police station by Jhagru Rai, on the basis of which a crime was registered. Investigation in the crime was taken up by P.W.6 Varunesh Kumar Dubey, who conducted inquest over the body of Bilchu Rai by preparing inquest report, Ext. 2. After the inquest, the body was sent to the hospital with a requisition for autopsy.
(3.) ON receipt of the requisition, Dr. Ashok Kumar, P.W. 7, conducted autopsy on the dead body of Bilchu Rai and found one lacerated wound in the lower and inner aspect of right arm. The Doctor also noticed another lacerated wound on right elbow with blackening and charring. The third lacerated wound was found on the back side below the right 12th rib with blackening near margin. The Doctor further noticed fourth lacerated wound above the third injury with blackening near the margin. The Doctor issued Ext. 5, the post mortem certificate, with his opinion that the deceased died on account of gun shot injuries.;