(1.) The present appeal has been filed against the judgement and order of the V Addl. Sessions Judge, Bulandshahr dated 10-12-1979 passed in Sessions Trial No. 274 of 1979 convicting and sentensing the appellant u/S. 302, IPC to undergo imprisonment for life.
(2.) The prosecution case is that on 27-3-1979 at about 6-30 p.m. the appellant alongwith one co-accused appeared in front of Ashok Kumar (Deceased) who was going to his village after appearing in the examination of XII Class from Gulaothi on bicycle and on being instigated by the said co-accused, the appellant fired the first shot from his single Barrel Gun, which hit Ashok Kumar on the right side of his chest and fired the second shot when deceased Ashok Kumar tried to run towards the appellant and another. The second shot hit Ashok Kumar (deceased) in the chest. Ashok Kumar fell down there. The incident was seen by Ashok Veer (P.W. 1) and Jagdish Prasad (P.W. 2), one Dalip (not examined), who were coming behind the deceased on their respective bicycle. Ashok Veer (P.W. 1) came to the village after travelling the distance of about four furlongs and took a Buggi, reached back the place of occurrence and took the deceased Ashok Kumar in that Buggi and brought him to his house in the village. While in the way to his house Ashok Kumar (deceased) succumbed to the injuries at about 7-30 p.m. The FIR of the said incident was lodged on the next day, i.e. 28-3-1979 at P. S. Gulaothi at 7-20 a.m. as the place of occurrence did not fall within the territorial limits of P. S. Gulaothi, the case was transferred to P. S. Sikandrabad and after completing the formalities, the Investigating Officer Yashpal Singh (P.W. 4) recovered the dead body and sealed it after Panchayatnama and sent the same for postmortem along with Sompal Singh-constable (P.W. 9). The postmortem was conducted by Dr. G. N. Srivastava (P.W. 7) who found the followinganti-mortem injuries on the person of the deceased.1. Gun fire arm wound 3/4" x 1/2" x cavity deep on upper chest region. 2" above the right nipple 21/2" below the right clavicle with blackening and scorching seen and blood clotted seen.2. Fire arm wound on upper part right arm and no blackening scorching seen with blood clot 3/4" x 1/2" mucle deep and bone deep.
(3.) Fire arm wound' 1/2" x 1/2" cavity deep on upper lateral part right back 6" x lateral and above the right nipple with blackening and scorching seen margin inverted.