GHANSHIAM SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 19.5.1980, passed by the Sessions Judge, Bijnor, convicting the appellant Jamuna Prasad under Sections 307 and 302, I.P.C., and appellant Ghanshiam Singh under Sections 307/34 and 302/34,I.P.C. and sentencing them to rigorous imprisonment for seven years and five years respectively for offence under Sections 307 and 307/34, I.P.C. and Imprisonment for Life for offence under Sections 302 and 302/34, I.P.C.

(2.) ACCORDING to the prosecution case, the appellants, the deceased Chhotey and injured Mukaridi belong to the same village Gopalpur. On 12.12.1978 deceased Chhotey and his brother Haria (P.W. 1) along with some other persons, started for Railway Station, Balawali, at about 7 p.m. to escort their mother and the daughter-in-law of Asha Ram who were coming by Sealdah Express. The time of arrival of the said train was 6.05 p.m.., but on that date it was reported to be late by two hours. Amongst the persons who accompanied Chhotey, deceased, and Haria, Har Dayal and Mukandi had licensed guns with them. When they reached some distance near the field of Bhajna at about 8 p.m. a shot was fired at Mukandi as a result of which he fell down. Chhotey turned towards the place from where this shot was fired and saw the appellants standing at some distance on the southern Daul' of Bhajna's Wheat field which is towards north of the passage. Jamuna Prasad had a gun in his hand, Chhotey called Jamuna by name and asked why he has fired at Mukandi. On this the appellant Ghanshiam asked Jamuna to fire at Chhotey also. Jamuna fired at Chhotey as a result of which he fell down and died.

(3.) THE doctor has noted in the post-mortem report that all the gun shot wounds had tattooed margins and the area was scorched. According to him all the wounds were wounds of entry. On internal examination he found haemorrhage present on thoracie wall and intercostal muscles. Right pulmonary artery was ruptured and two pellets were recovered from the area around it. THE pericardium had two pellet wounds over the ventricular area. Two pellet wound were found in the heart and one pellet was recovered from it. Abdominal wall was found haemorrhagic due to multiple gun shot wounds. Peritoneum was perforated and had pellet wounds. Small intestines were perforated at three places and three pellets were recovered.