(1.) (19.10.2019) 1. This appeal arises out of impugned judgment and order dated 10.2.1987 passed by the Sessions Judge, Mathura in Sessions Trial No.283 of 1985, convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life.
(2.) As per prosecution case, on 5.7.1985 at 7:00 pm, accused appellant Parto along with three other accused persons namely, Biri Singh, Radhey Shyam and Jaggo reached near the well, where deceased Soran Singh, after taking his bath, was sitting on a platform. It is said that the accused appellant was carrying gun; accused Biri Singh was having a country made pistol; and accused Radhey Shyam and Jaggo were having gun with them. After reaching to the place of occurrence, accused Biri Singh exhorted by saying 'kill him, as he contests lot of cases'. Accused Radhey Shyam and Jaggo caught hold the deceased and then the appellant caused gunshot injury to the deceased, as a result of which the deceased fell down. Hue and cry was raised by the witnesses, including (PW-1) Bhura, (PW-2) Gumani and (PW-6) Raman and an attempt was also made by them to catch hold the accused persons, but as the accused persons were having weapons with them, they fled away from the spot. When injured Soran Singh was being shifted to the Hospital, on the way he expired. On the basis of written report Ex.Ka.1 lodged by (PW-1) Bhura (brother of the deceased) FIR Ex.Ka.10 was registered at 10:00 pm on 5.7.1985 against four accused persons, including the appellant under Section 302 of IPC.
(3.) Inquest on the dead body of the deceased was conducted vide Ex. Ka.3 on 5.7.1985 and the body was sent for postmortem which was conducted on 6.7.1985 vide Ex. Ka.2 by (PW-4) Dr. Nepal Singh.
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