SURESH PAL Vs. STATE

JUDGEMENT

(1.) This appeal is against the judgment and order dated 03.09.1993 passed by the IIIrd Additional District and Sessions Judge, Meerut in Sessions Trial No. 89 of 1989 by which the appellant has been convicted under sections 148 I.P.C., 302/149 I.P.C. and 307/149 I.P.C. and punished as follows: 3 years R.I under section 148 I.P.C.; imprisonment for life under section 302 read with 149 I.P.C.; and 7 years R.I. under Section 307/149 I.P.C. All sentences to run concurrently.

(2.) In brief, the factual matrix of the case is as follows:

(3.) Inquest proceedings were held and completed on the same day by about 7 pm of which report (Ext. Ka-8) was prepared; the Investigating Officer (I.O.) (P.W.7) also collected bloodstained earth and plain earth from the spot and prepared its fard (Ex. Ka.14). Site plan (Ex. Ka. 7) was also prepared on the same day. 'Supardagi Memo' of the scooter and the articles recovered from the person of the deceased was also prepared on the same day. On the next day, 28.10.1988, the ambassador car used in the crime was recovered. From the car a shirt, pant along with few inland letters were recovered. The informant was medically examined by Dr. J.P. Sharma (P.W.5) at 11:05 pm on 27.10.1988 and an injury report was prepared (Ext. Ka-6) which disclosed multiple gun powder burnt marks in an area of 12 cm x 12 cm left side face and neck. Post-mortem examination was conducted on 28.10.1988 by Dr. P.N. Khanna (P.W.4) at about 1:30 pm and report (Ex. Ka.5) was prepared. Four ante-mortem injuries were found, namely, (i) Gun shot would of exit 3 cm x 1 and - 1/2 cm into brain cavity deep on the right side head 8 cm above rear with tattooing in an area of 17 cm x 11 cm due to injury no. (ii); (ii) Gun shot wound of entry 2 and - 1/2 cm x 1 and - 1/2 cm x chest cavity deep on right side back, 7 cm below right shoulder with tattooing present in an area 10 cm x 8 cm extending up to the front sides of upper 1/3 right arm; (iii) contusion 21 cm x 3 cm on the back of right shoulder; and (iv) Gun shot wound of entry -? cm x -? cm x brain cavity deep on left side lower part face 6 cm above lower jaw bone. According to the opinion of the doctor, death was due to syncope as a result of above noted firearm injuries .