- (1.) THE sole appellant, on being tried under Section 302 I.P.C and under Section 27 of the Arms Act, was found guilty as charged by the Trial Judge. He was sentenced to five years rigorous imprisonment under Section 27 of the Arms Act and for the offence under Section 302 I.P.C, he was sentenced to life imprisonment with a direction that the sentence of five years will merge with the sentence of imprisonment for life. The present appeal by Sheo Dayal Singh @ Charku Singh is against the said conviction and sentence.
(2.) THE appellant is the son of Bishwanath Singh D.W.3. Deo Raj Singh D.W.1 is the brother of the appellant. They were residents of village - Harrah within the police limits of Chanho. The deceased Nand Kishore Singh was also residing in the same village along with his father P.W.1 Bhanu Prasad Singh, brother P.W.2 Braj Kishore Singh. P.W.4 Girdhari Singh is the nephew of the deceased and P.W.5 Moti Singh is the cousin of the deceased. They were also residinig in the same village. On 5.3.1995, Baijnath Singh, Hari Singh and Rameshwar Singh said to have assaulted Phuchai Munda. A complaint was lodged and the appellant was entertaining a suspicion that the said complaint was given at the instance of the deceased since Phuchai Munda was cultivating the land of P.W.1 on lease. This is said to be the motive for the occurrence which took place at 1.00 p.m. on 7.3.1995. At 1.00 p.m. on 7.3.1995, P.W.1 Bhanu Prasad Singh along with his son, who is the deceased in this case, and other son Braj Kishore Singh P.W.2 was sitting in the courtyard. They were engaged in a conversation. At that time, the appellant came from the backyard of his uncles house and proceeded towards them. He was having a gun in his hand. While he was proceeding, he was heard abusing the witnesses and the deceased. When the appellant was approaching the house, the deceased went towards him. At that time, the appellant shot at the deceased as a result of which the deceased sustained gum shot injury and fell down. The witnesses started crying. The appellant ran away from the place. P.W.1 Bhanu Prasad Singh gave Ext.1, the fardbeyan, to the Police Officer at Chano police station on the basis of which a F.I.R was registered at 1.50 p.m. Investigating Officer P.W.10 Md. Sanaullah reached the scene of occurrence and after conducting inquest, during which witnesses were examined, sent the body for post mortem with his requisition.
(3.) ON receipt of the requisition, Doctor Niranjan Minz, who was examined Page 1291 as P.W.11, conducted autopsy and he found the following firearm injuries: A wound entering the left cheek and adjoining left side of chin and adjoining left fronto lateral neck on the upper part. The wound was 9 7 c.m. The injury was seen passing soft tissues, blood vessels breaking the left side of mandible bone and breaking maxillary bone into pieces. The injury was found after the base of the scalp. Hyoid bone was found broken. It also caused fracture of scalp. The Doctor issued Ext.5, the post mortem certificate, with his opinion that injuries would have been caused by firearm and death is on account of the said injuries. He also noticed pellets on the dead body, which were removed. 4. The investigation continued and after the completion of investigation, P.W.9 Sahay Lakra filed the final report against the appellant. ;