L.N. Mittal, J. - (1.)BY this common judgment, we are disposing of Crl. Appeal No. 631 -DB of 2007 preferred by Gurmit @ Nitu against his conviction and sentence ordered by learned Additional Sessions Judge, Rohtak vide judgment dated 12.03.2007 and order dated 13.03.2007 and also Crl. Revn. No. 239 of 2008 preferred by Mangal Sain son of complainant Chaudhary Ram (since deceased) against the same judgment and order thereby assailing the acquittal of appellant's co -accused Gurnam Singh @ Chinu and Manjeet Singh @ Sonu and seeking death sentence for all the three accused. Vide impugned judgment dated 12.03.2007, accused Gurnam Singh @ Chinu and Manjeet Singh @ Sonu were acquitted, whereas Gurmit Singh @ Nitu stands convicted under Section 302 read with Section 34 of the Indian Penal Code (in short - the IPC) and under Section 25 of the Indian Arms Act and vide order dated 13.03.2007, convict Gurmit Singh @ Nitu has been sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/ - and in default thereof, to undergo further rigorous imprisonment for one year for offence under Section 302/34 IPC and also sentenced to undergo rigorous imprisonment for two years for offence under Section 25 of the Arms Act. Both the sentences were ordered to run concurrently. State also filed appeal along with application bearing Crl. Misc. No. 418 -MA of 2007 for leave to appeal against acquittal of Gurnam Singh @ Chinu and same was dismissed vide order dated 28.09.2007. Petition for special leave to appeal against the said order is said to be pending in the Hon'ble Apex Court.
(2.)PROSECUTION case in brief is as under:
Chaudhary Ram, resident of House No. 578/25, Patel Nagar, Rohtak made statement Ex.P -43 on 20.06.2003 at 06:00 A.M. to ASI Dalel Singh, Incharge Police Post Gandhi Camp, Rohtak under Police Station Civil Lines, Rohtak while ASI Dalel Singh was present near Shiv Mandir, Rohtak for patrolling. It was stated by Chaudhary Ram in statement Ex.P -43 that Titu @ Rajinder aged 35 years (since deceased) was his son. He was Property Dealer. He had dealings with Gurnam Singh @ Chinu (appellant's brother and co -accused since acquitted), resident of House No. 686/25, Patel Nagar, Rohtak. On the night between 19/20.06.2003, at about 01:00 A.M., Chaudhary Ram complainant was present at the house of his son -in -law Bansi Lal in Patel Nagar, Rohtak and was talking to him. They heard sound of firing. Chaudhary Ram and Bansi Lal came out at the gate and saw that Gurnam Singh @ Chinu was sitting on the bed and the appellant Gurmit Singh @ Nitu was firing at Titu @ Rajinder. Joginder @ Juggi tried to save the deceased, but the appellant Gurmit Singh @ Nitu fired a shot at Joginder as well. The said shot grazed past his left arm. Chaudhary Ram and Bansi Lal made noise and rushed to save the deceased. Thereupon, the appellant and his brother Gurnam Singh @ Chinu left the spot along with pistol. The complainant and Bansi Lal attended to Titu @ Rajinder, but found him dead. He had suffered 5 -6 bullet injuries in the stomach, chest, head and face. The appellant and Gurnam Singh @ Chinu murdered Titu @ Rajinder after calling him to their house on account of financial dealings. ASI Dalel Singh made his endorsement Ex.P -43/A on statement Ex.P -43 and sent it to the Police Station, where FIR Ex.P -44 was registered on its basis.

Asi Dalel Singh, along with other police officials, went to the spot and got it photographed and prepared inquest report Ex.P -36 of the deceased Titu @ Rajinder lying on sofa set. A blanket was lying half covered on the dead body, which had fire shot injuries with holes in blanket as well. Blood was also there near the dead body. A pistol of .30 bore was found in the dub of the deceased. One magazine in the pistol and another magazine in the dub were also found with 15 live cartridges in all. A wallet with cash amount of Rs. 430/ -, a mobile phone and driving license of the deceased were also seized from the body vide memo Ex.P -5. The blanket was taken into possession vide memo Ex.P -4. Six shells of cartridges lying on bed and four lead bullets lying near the dead body were seized in sealed parcels vide memo Ex.P -2. Blood lying on the floor was sealed in parcel and seized vide memo Ex.P -3. Rough site plan Ex.P -47 of the spot was prepared. Statements of Bansi Lal, Joginder, Amit and Vijay Kumar were recorded. The dead body was sent for post -mortem examination along with request Ex.P -33.

(3.)BEFORE conducting post -mortem examination, X -ray examination of the dead body was conducted by Dr. Ravinder Singh Gill. Two radio opaque foreign bodies of metallic density of shape and size of bullet in the cranial cavity and one such body outside the cranial cavity in soft tissue were found on X -ray examination of skull and one similar foreign body was found in soft tissue in right side chest on X -ray examination of chest. Also one such foreign body was seen in abdominal cavity at the level of L1/L2 vertebrae and another such body was seen outside the abdomen in soft tissue of abdominal wall at the level of L4/L5 vertebrae, on X -ray examination of abdomen. Dr. S.P.S.Bhatia conducted post -mortem examination and found the following injuries:
(i) An incised wound 3 cm x 1 cm lung deep obliquely placed on the right side of front of chest.

(ii) An incised wound 3 cm x 1 cm lung deep obliquely placed on left side of front of chest.

(iii) Right side of chest, back having three wounds of entry, one cm. round whereas left side of chest and back two wounds of exit were present.

(iv) Skull was having three wounds of entry of bullets, one at right ear, second at three cm. above the first and third 2 cm. In front of the left ear.

(v) Abdomen was having 1 wound of entry just lateral side and back right side and one wound of entry on left side of back of abdomen.