NANDANI ALIAS NAND LAL Vs. STATE

JUDGEMENT

(1.) APPELLANT Ganesh and Nandni alias Nand Lal have filed their appeal against the order of conviction under Section 302/34 IPC and sentence of life imprisonment, recorded by Sri B. N. Mohiley, III Addl. Sessions Judge, Mirzapur, by his judgment and order dated 3-5-76. The appellant Ganesh had filed Criminal Appeal No. 1013 of 1977 against the aforesaid conviction and sentence whereas Nandni alias Nand Lal appellant had filed his appeal no. 1196 of 1977. Both the appeals were connected by the Court.

(2.) THE case of the prosecution is that Shitalu deceased alongwith Banarsi PW 5 and Babu Lal, PW 7 had gone to deposit the electric dues in the Hydel Office situated in Mohalla Beltar near Dankeen Ganj, Mirzapur, on 24-7-74 at about 10 a. m. Babu Lal had deposited dues in the aforesaid Hydel Office which was in the name of his father and on the persuation of Babu Lal, his friends Shitalu and Banarsi had accompanied him. Alter the money was deposited in the Hydel Office, Babu L.al departed the company of Shitalu and Banarsi and left for his house, while Shitalu deceased and Banarsi were returning from the Hydel Office and when they had reached near Shiv Temple at about 10.30 a. m., the appellants met them. An alteration ensued between them and some grappling also took place between them. During that grappling, appellant Ganesh exhorted Nandni appellant to finish Shitalu, whereupon, Nandni alias Nand Lal, wipped out a country made pistol and fired at the deceased Shitalu. On receiving the shot, Shitalu fell down on the spot and the two appellants made good their escape. People were attracted to the scene of occurrence. Banarsi PW 5 took the injured Shitalu to Civil Hospital, Mirzapur where he was medically examined at 11. a. m. THEreafter, Banarsi went to the Police Station Katra and lodged the first information report of the occurrence, Ex. ka-2, naming the appellants as accused persons. Takeshwar Rai, Constable Clerk prepared the chick report at 11.50 a. m. (copy of the same is Ex. ka-5). On the basis of the aforesaid written report filed by Banarsi PW 4, he also registered a case in the General Diary under Section 307 IPC against the appellant.

(3.) DR. G. D. Varanwal, conducted the autopsy on the dead body of the deceased on 18-11-1974 at 1.30 p. m. The doctor found the following ante- mortem injuries :-