(1.) THIS criminal appeal is directed against the judgment and order dated 24.11.1982, passed by the IVth Additional Sessions Judge, Badaun in S.T. No. 312 of 1981 whereby convicting the appellant for the offence under Section 302, I.P.C. and sentencing him to life imprisonment.
(2.) THE prosecution case was that on 24.8.1980 at about 8.30 a.m. the first informant Mahipal Singh (P.W. 1) on hearing the sound of firing of shots reached the lane and saw the accused-appellant opening fire with his licensed double barrel gun at his brother Ramesh from the western side corner of the house of Ramesh Lala. His brother fell down near the steps of the shop of Shishpal Lala and succumbed to the injuries. THE accused-appellant opened 25 to 30 rounds of fire from close range on his brother after he fell down. He got the written report (Ext. Ka-1) scribed by Shree Pal Singh and laid it at police outpost Udhranpur P. S. Rajpura at 10 a.m. on 24.8.1980. On the basis of written report chick F.I.R. was prepared by H. C. Yogendra Pal Singh (C.W. 6) and crime was registered under Section 302, I.P.C. and entry was made in the G. D. at serial No. 9 (Ext. Ka-2).
(3.) ACCORDING to the doctor rigor mortis had passed from upper and lower limbs. Greenish discolouration over abdomen and maggots were present on dead body. Foul smell was coming out. On internal examination blood vessels liver and intestines were found ruptured. The death was caused due to shock and haemorrhage as a result of ante-mortem injuries. Duration was about one and half day.