SATISH Vs. STATE OF U P

JUDGEMENT

(1.) THE sole appellant Satish, through instant appeal, has challenged his conviction under section 302 I.P.C. and imposed sentence of life imprisonment therefor, recorded in S.T. No.33 of 1982, State versus Satish and another, relating to P.S. Pisawa, district Aligarh, by learned Session's Judge, Aligarh, vide judgment and order dated 30.9.1982. Noted here is the fact that another accused Kishan was acquitted by the learned trial court by the same decision.

(2.) PERUSAL of the record of the appeal informs us that incident in question had occurred on 14.5.1980 at about 5.30 P.M. According to the informant Rajvir Singh's allegations, which he had scribed in his FIR, Ext. Ka1, he was an army personnel and had come to his house on leave. On 14.5.80, in the evening at 5.30 p.m., his brothers Shri Pal and Suresh were returning to their house from a well, after supplying water to their live stocks and no sooner they reached in the vicinity of a 'Chaamad' ( small open piece of land devoted to Goddess), accused appellant Satish arrived there armed with the licensed gun of his brother acquitted accused Kishan Kumar and accosted Shri Pal that he would teach him a lesson for surveillancing him and immediately shot at him, casing him gunshot injury. This incident was witnessed by Shri Suresh, Smt. Sukhbiri, Devi Ram, as well as other co- villagers. Injured Shri Pal, while being transported to the police station on a cot, lost the battle of his life in midway.

(3.) THE post mortem on the corpse of the deceased was performed by Dr. S.C. Agarwal, PW 6, on 15.5.1980 at 3.45 P.M. According to the doctor, following ante mortem physical injury was sustained by the deceased:-