VIJAY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The appellants, Vijay Singh, Ashok Kumar and Vinod Kumar are real brothers being sons of Sardar Singh. They have been convicted under Section 302 read with Section 34 I. P. C. by judgment dated 7-9-1999 passed by the then II Additional Sessions Judge, Ghaziabad in S. T. No. 71 of 1995. Each of them has been sentenced to life imprisonment. Aggrieved, they have been preferred this appeal.

(2.) THE matter relates to the murder of one Balbir Singh on 11-12- 1994 at about 4. 45 p. m. at the house of Alam Singh (uncle of the appellants) situate in village Bhikanpur, Police Station Murad Nagar, District Ghaziabad. THE F. I. R. was lodged the same day at 5. 45 p. m. by P. W. 1 Kunwar Pal Singh son of the deceased. THE distance of the police station from the place of occurrence was eight kilometres.

(3.) TO come to the point, the post-mortem over the deadbody of the deceased was conducted on 12-12- 1994 at 2. 15 p. m. by P. W. 5 Dr. M. M. Sharma. The deceased was 55 years of age and one day had passed since he died. The following ante-mortem injury was found on the person of the deceased: "gun shot wound of entry 2-1/2 cm x 2 cm x chest cavity deep present on front of chest slightly left to the midline 14 cm below superasternum left and 9-1/2 cm below and medial to left nipple. Margins of the wound are irregular and inverted with tattooing. Body of sternum and costal cartilage of left fourth rib fractured into pieces underneath. The direction was from left front to right back. A metallic bullet was also recovered from back muscles of right chest. "