CHANDRA PAL SINGH Vs. STATE

JUDGEMENT

(1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 21-9-1981 passed by Addl. Sessions Judge, Baduan, in Sessions Trial No. 393 of 1979, convicting the appellant Chandra Pal Singh under Section 302 I. P. C. and sentencing him to imprisonment for life.

(2.) THE prosecution story briefly stated is that Mohar Singh (PW 1) is father of Brij Pal Singh (PW 2) and Vikram Singh deceased while Omvir Singh (PW 4) is son of Brij Pal Singh (PW 2), Lakhan Singh, father of Chandra Pal Singh appellant was real brother of Mohar Singh (PW 1 ). Hakim Singh, father of Girvar and Mahendra accused (acquitted by trial Court) was cousin brother of Mohar Singh (PW 1 ). Chandra Pal Singh appellant had instituted a suit for partition of joint ancestral properties against Mohar Singh (PW 1) and others who had filed objection (written statement) against the claim of the appellant. Appellant Chandra Pal Singh was pressuring Mohar Singh (PW 1) and other to file compromise in the suit to which Mohar Singh (PW 1) told that it would be settled by deliberations.

(3.) AUTOPSY on the dead body of the deceased was conducted on 9-6-1979 by Dr. Hamid Ullah (PW 3) who found following ante mortem injuries: - (1) Contusion 7 x 5 cm on right side of fore head and right temple. (2) Multiple abrasions in an area of 18 x 4 cm on left leg anterior side. (3) Abrasion 6 x 5 cm on right upper leg, below knee joint. (4) Abrasion 1 x 1 cm on right elbow lateral side. (5) 11 (sic 1) gun shot wounds of entries with inverted margins scattered on right side scalp, right anterior shoulder, right middle left side of anterior chest wall, left anterior shoulder and on lower part of anterior side of neck. No blackening and tattooing present around these wounds. Dispersement about 5 inches. (6) Contusion 2 x 3 cm on right fore-arm.