MUNNA AND ANR. Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal is directed against the judg­ment and order passed on 7-9-1978 by Mr. Harish Chandra, the then Sessions Judge of Etah. The learned Judge was disposing of Sessions Trial No. 16 of 1978. He has convicted Munna under Section 302, I. P. C. simpliciter and Kishore under Section 302 read with Section 34,I.P.C. and sentenced both of them to imprison­ment for life. Feeling aggrieved both have come to this Court through this appeal.

(2.) THE brief facts of the matter are that the deceased Rukum Singh alias Tikam Singh as well as two accused-appellants both belong to village Matwaria which lies within the police station Jaithara, district Etah. On 8-3-1977 at about 4 p. m. five persons namely Amar Singh-complainant, Karam Singh, Rukum Singh (deceased) Neksey and Master Singh were proceeding towards village Parauli in connection with fair that was held there. The village was situated at some distance from the Etah-Aliganj road and when the five persons reached there, they were accosted by the two accused persons who were sitting inside a room of one Madho Singh. They called the deceased who went inside the room. He was asked as to which party he will vote for, during the ensuing election. When he gave out that he was a Congress Voter, the two accused persons threatened him and told him that he should vote for Janta Party. He did not agree. Then it is said that accused Munna took the gun from Kishore. Feeling apprehensive, the de­ceased Rukum Singh tried to run away. He could hardly come out of the kothari and chopper, when accused Munna fired with the gun hitting him squarely on the back and causing him injuries. Rukutn Singh fell on the spot. The deceased was still alive when the witnesses namely Amar Singh the first informant, Karan Singh and Master Singh brought him to the Bus Stand, from where he was taken to Jaithara Police Station. When he was taken out of the Bus he was already dead.

(3.) THE post mortem examination on the deadbody of Rukum Singh alias Tikam Singh was conducted by Dr. Dhirendra Pratap, Medical Offiser Incharge Police and bail, Etah. The post mortem examination report is Ext. Ka 11 on the record. A single gun shot would of entry 2 ½ Cri. x 1 ½ cm. x muscle and chest cavity deep was found on the right side of the back 2 cm. below the last rib and 2 cm. right to vertebral column. There were three gun shot wounds of exit in an area of 6 cms. x 5 Cms. over right side of the back, 12 cms. above injury No. 1. The wound was oval in shape with everted margins. The doctor also found that two shots had entered the chest cavity and had fractured the 9th, 10th and 11th ribs and had gone in frontal and upwards direction lacerating the lower middle and upper lobe while two other shots were lodged in the muscle of the neck on the right side. These were recovered alongwith two pieces of wads. The death was due to shock and haemorrhage as a result of fire-arm injuries.