Anil Kumar Sharma, J.

Both these appeals emanate from common judgment passed by Additional Sessions Judge, Court No.15, Meerut on 16.09.2004 in S.T. No. 177/2002, State vs. Rajeev and two others ( Crime No. 135/2001, P.S. Phalawada, District Meerut) under section 302 IPC, S.T. No. 178/2002, State vs. Jitendra Kumar ( Crime No. 152/2001, P.S. Phalawada, District Meerut) under section 25 Arms Act and S.T. No. 179/2002, State vs. Ranvir ( Crime No. 151/2001, P.S. Phalawada, District Meerut) under section 25 Arms Act, whereby the appellants Ranvir and Jitendra have been found guilty for the offence punishable under section 302 IPC and Rajeev under section 302/34 IPC and each had been sentenced to undergo imprisonment for life and fine of Rs. 5,000/- with default stipulation. Accused Ranvir and Jitendra have further been convicted under section 25 Arms Act and each had been sentenced to undergo imprisonment for three years and fine of Rs. 1,000/- each with default stipulation.

2. Facts germane to the appeal are that on 20.09.2001 at 8.50 P.M. Rajendra s/o Surja, r/o village Sakauti, P.S. Phalawada, District Meerut submitted a written report in P.S. Phalawada stating that today he had gone to Mowana along with his father Surja for shopping and when they were returning back, Suresh s/o Ramphal of their village accompanied them from village Pilona. While returning back home on foot in the jungle of village Pilona 100 paces before Shiv temple near Rajwaha on metalled road at about 7.30 P.M. they found Ranvir Singh, Jitendra and Rajiv standing by the side of the road. Accused Rajiv caught hold Surja and immediately Ranvir Singh fired shot and thereafter Jitendra also fired one shot on Surja. They raised alarm and with the help of other people they took the injured to government hospital where he succumbed to the injuries. The complainant has further stated that he and his wife Ranbiri have identified the aforesaid assailants. On the basis of this report case at crime no. 135/2001 under section 302 IPC was registered at P.S. Phalawada, investigation whereof was taken up by S.O. S. K. Singh himself. He immediately reached at the spot and seized a bullet 0.315 bore and also the simple and blood stained earth from the spot through recovery memo. He interrogated the complainant and at his instance prepared site plan. The inquest on the cadaver of the deceased was conducted by S.I. Virendra Singh Rathore and he sent the dead body of Surja in sealed cover along with relevant papers for post mortem examination.

3. Dr. B. S. Chaudhary conducted autopsy on the cadaver of the deceased on 21.09.2001 at 3.30 P.M. He found that 60-years old deceased was having average built body, rigor mortis was present in both the extremities and there was no decomposition. He found following ante-mortem injuries on the person of the deceased:

( 1) Lacerated wound 1.5 cm x 0.5 cm x muscle deep on top of skull, middle part clotted blood present.

( 2) Gun shot wound 4 cm x 2 cm x muscle deep surrounding by blackening and tattooing 7 cm x 4 cm around the wound front of left upper arm 15 cm below shoulder joint, clotted blood present.

( 3) Gun shot wound of exit 5 cm x 3 cm x muscle deep inner part in front of left upper arm, adjoining to injury no.2. Clotted blood present edge everted.

( 4) Gun shot wound of entry 0.7 x 0.7 cm x thoracic cavity deep on left side back of chest. Middle part near mid line. It is surrounded by 7 cm circular blackening and tattooing. Clotted blood present. On opening the injury. It cause forward medially and blackening, piercing diaphragm of lower lobes of right lung and medial part entering right lobe of lower facing it coming out through 9th intra coastal space side of chest wall. Clotted blood present en route.

( 5) Gun shot wound of exit 1.5 cm x 0.5 cm x abdomen cavity deep on right side 7 cm from right nipple at 7 O' clock position, clotted blood present.

( 6) Abraded contusion 3 cm x 1 cm on front of right fore arm just above wrist joint. Cl

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