ANJU KULSHRESTHA Vs. HARVIJAL SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 12.12.1979 passed by the IV Additional Sessions Judge, Unr.ao convicting both the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentencing them imprisonment for life and; to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year, further convicting appellant Chunnoo alias Om Prakash under Section 324 of the Indian Penal Code and :sentencing him to one year rigorous imprisonment and to pay a fine of Rs. 500 and in default of payment of fine to undergo rigorous imprisonment for a period of six months. Both the sentences are to run concurrently.

(2.) THIS unfortunate incident happened on 158.1978 at 5.00 p.m. in which one Ram Kumar is alleged to have been done to death by the appellants. The prosecution order as disclosed in the first information report is that about three years before one Mohan son of Devi been had been (murdered by one Om Prakash alias Chunnoo and Trijugi, the accused persons of the present case, and others. The father of the complainant did pairavi. On account of this enmity Chunnoo alias Om Prakash and Trijugi appellants and others fired shots at his father, the case of which is pending before the court. Since: then Trijugi and others are having enmity with his father. A case under Sections 107-166, Cr. P.C. was also fought between the father of the complainant and Trijugi.

(3.) DR. S. N. Misra (P. W. 7) examined the injuries of Smt.Ram Rani wife of Mohan (P.W. 1) on 16.8.1978 at 2.00 a.m. and found the following four injuries on her person:- 1. Fire-arm wound present on the anterior aspect of the right thigh measuring 1.4 cm. x 1.2 cm. x muscle deep, 6 cms. below the right anterior superior iliac spine. Margins are irregular edges lacerated, nearly circular in shape. Margins have been blackened, blackish colour blood was coming out of the wound. No F. B. could be found inside this wound. 2 A fire-arm wound present on the anterior surface of the knee joint (right), measuring 4 cm. x 6 cm. x muscle deep, irregular edges lacerated. Margins had been blackened out with the surrounding skin. No F. B. present inside the wound. 3. A fire-arm wound 8 cm. x 6 cm. present on the lateral aspect of the right knee joint 25 cm. above of the right ankle joint. Margins irregular, edges lacerated. No blood is coming out. No F. B. was present in the wound. Muscle deep, surrounding skin blackening. 4 A fire-arm wound of 8 cm. x 1 cm. present on the medial aspect of the left knee joint 38.5 cm. below and medial of the left interior, superior iliac spine, shape, oval, no blood was coming out of the wound. No F. B. was present inside the wound. Muscle deep, margins irregular, edges lacerated. All the injuries had been kept under observation and advised X-ray for confirmation of the presence of any F. B. inside the wound. All the injuries were caused by fire arm. Duration about 1/2 day only.