DOMODAR Vs. STATE OF U P

JUDGEMENT

(1.) The appellant herein, along with Ravindra singh (co-accused) was put up for trial before the IInd Additional Sessions Judge, Jalaun. The trial court by its judgment and order dated 16th july, 1980 in Sessions Trial No. 150/79 convicted ravindra Singh under Section 302 Indian penal Code (for short 'ipc') and sentenced him to imprisonment for life while convicting damodar, the appellant herein under Section 302 1pc read with Section 34 IPC and also sentenced him to imprisonment for life. The high Court has affirmed the conviction and sentence by its impugned judgment and order of 28th July, 1999 in Criminal Appeal No. 1962 of 1980. The co-accused Ravindra Singh also preferred a petition for special leave to appeal (Crl. ) No. 3587/1999 which was dismissed by this Court by order dated 28.10. 1999. However, the appellant herein was granted special leave and that is how this appeal comes up for disposal before us.

(2.) The deceased, namely, Guru Narayan was aged about 70 years. It is alleged that on 21.7.1979 at about 8. 00 P. M. when he was returning to his house accompanied by his wife shakuntla Devi (PW-3) and Partap Singh (P. W.- 5) brother of Shakuntla Devi, the appellant - damodar along with accused Ravindra Singh came from behind and, on the exhortation of the appellant, Ravindra Singh fired at Guru narayan, as a result of which he was injured, and by the time he could be removed to the hospital, he succumbed to his injuries. PW 3 wife of the deceased immediately lodged a report at the police station Kotwali, Orai at 8.45 p. M.

(3.) The medical evidence on record discloses a wound of entry on the back 2 c. m. in diameter. Blackening and scorching around the wound was also noticed. The exit injury was situated in an area of 4" x 3" below right nipple.