SATYA PAL SHARMA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 18-9-1978 passed by Sri Parmatma Saroup, the then Sessions Judge, Budaun, by which he has convicted the appellant under section 302 IPC and has sentenced him to imprisonment for life.

(2.) SATYA Pal Sharma appellant ami Nand Ram alias Nandu were residents of the same village Gidhol. Both of them used to commit heinous crimes together. Three years prior to this incident, the appellant and his father hired Nandram to commit murder of one person belonging to Bilsi, which was ultimately committed by him. At that time the appellant and his father paid some money to Nandram-deceased and with respect to the remaining amount, they promised to pay the same later on. However, when Nandram-deceased used to ask for the said money, the same was not paid to him. About one year prior to this occurrence, Nandram performed the marriage of his daughter and even at that time when he asked for the money from the appellant, the latter did not pay the same, but, on the other hand stated that as he himself was a Brahman and Nandram was a Gadaria, there was no companionship between them. Nandram deceased felt much aggrieved and at that time he is said to have threatened the appellant that after the marriage of his daughter, either he or the appellant would remain alive.

(3.) THE post mortem examination! of the dead body was conducted by PW 6 Dr. Virendra Prasad Kulshrestha m 10-3-1977 at 3.00 P.M. He had found the following ante-mortem injuries on the dead body : 1. Gun shot wound of entry 6 cm. x 6 cm. x cavity deep on the front of chest slightly towards right side 3 cm. below from the supra sternal notch and 6 cms. above and inner to right side nipple at 2 O'clock position with blackening and tattooing around the wound in an area of 7 cms. x 7 cms. 2. Fracture of 2nd & 3rd ribs of right side medial ends. 3. Fracture of upper 1/3rd part of sternum nose on right side.