KAHARI AND SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal is directed against the judgment and order dated 19.1.1980, passed by the then 1st Additional Sessions Judge, Etah, convicting the appellants under Section 302 read with Section 34, I.P.C. and under Section 307 read with Section 34, I.P.C. and each of the appellants has been sentenced to imprisonment for life and five years rigorous imprisonment respectively under the said counts.

(2.) AT the outset, we may state that the appeal of appellant No. 1 Jai Lal stands abated as he has expired during the pendency of appeal.

(3.) MEGH Singh who had suffered firearm injuries proceeded to Police Station Awagarh and reached there at 1.30 p.m. He dictated an oral report, Ex. Ka-1 which was reduced to writing in the chick register and the case was registered against the nominated accused persons. MEGH Singh was sent for medical examination to Government Hospital, Awagarh where his injuries were medically examined by Dr. O. P. Varshney, P. W. 6 on the same day at 3.00 p.m. and following injuries were found. (1) Gun shot wound 1/4 cm. 1/4 cm. with inverted edges with darkening of the skin, skin deep oozing at time of examination on the upper and front part of right arm, near axilla. (2) Gun shot wound 1/4 cm. 1/4 cm. with blackening of the skin and slight swelling around the wound on the front of chest, 7 cm. medial to the right nipple, slightly above the line. (3) Gun shot wound 1/4 cm. 1/4 cm. skin deep on the front of chest, 3 cm. medial and slightly lower to injury No. (4) Gun shot wound 1/3 cm. 1/3 cm. skin deep with slight swelling on the lower part of left side of chest, 7.5 cm. outer and lower side of chest from injury No. 3. (5) Gun shot wound 1/4 cm. 1/4 cm. skin deep with blackening on outer side of wound on the front of left shoulder with palpable pellet on outer side. (6) Gun shot wound 1/4 cm. 1/4 cm. skin deep with blackening on outside of wound with red swelling 2.5 cm. 1/5 cm. on outer side of wound, wound on the front of left shoulder 2 cm. outer to injury No. 5 pellet palpable. (7) Gun shot wound 1 cm. 1/4 cm. skin deep with irregular black margins on the outer side of upper 1/3 of left arm, wound oozing at time. (8) Gun shot wound 1/4 cm. 1/4 cm. skin deep on the middle of the lateral side of the right side of neck with swelling 1 cm. 1 cm. on outer side of wound. (9) Gun shot wound 1/4 cm. 1/4 cm. entrance round shot on the right upper lip, 1.5 cm. above the angle (right) of mouth with exist on inner side of lip with lacerated wound on the gums in between the 5th and 6th teeth of the upper right side. (10) Gun shot wound 1/4 cm. 1/4 cm. skin deep on the left nostril outer side and near the junction of nostril. (11) Gun shot wound 1/4 cm. 1/4 cm. skin deep with swelling around the wound 3 cm. 2.5 cm. on the front of the forehead on left side, 1.5 cm. above the medial end of the left eyebrow. (12) Gun shot wound 1/4 cm. skin deep on the middle of the left eyebrow with swelling and bluish of the whole upper left eye lid giving appearance of closing of left eye and inner side of eye could not be examined due to mass swelling of eye. Referred to Etah District Hospital for removal of pallet. The duration of injuries was fresh and they were kept under observation. In the x-ray examination of the injured, MEGH Singh, three radio opaque shadows were seen in the area of face as is apparent from the x-ray report, Ex. Ka-6.