JUDGMENT :

Rajendra Kumar, J.

This Jail Appeal has been filed by accused-appellant-Iqbal through Superintendent of Jail Meerut against common judgement and order dated 19.03.2010 passed by Additional Sessions Judge, Court No. 14, Meerut, in Sessions Trial No. 1000 of 2006 (State v. Iqbal) under Section 302 IPC, Police Station, Jani, District Meerut and Sessions Trial No. 296 of 2007 (State v. Iqbal), under Section 25 Arms Act, Police Station Jani, District Meerut, convicting accused-appellant-Iqbal and sentencing him to undergo life imprisonment under Section 302 IPC and fine of Rs. 10,000/- but acquitted accused-appellant under Section 25 Arms Act in Sessions Trial No. 296 of 2007 (State v. Iqbal), Police Station, Jani, District Meerut.

2. Factual matrix of case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

3. A written report, Ex.Ka-1, dated 20.05.2006 was presented in Police Station Jani, District Meerut by Informant PW-1, Fakeera, alleging that on 20.05.2006 at about 6:00 a.m., his real brother / victim-Sabir was returning after attending natural call (latrine). When accused-Iqbal met victim, near canal, and told him that he always hinders his work and opened fire of Tamancha on the victim with intention to kill. Hearing the noise of fire, PW-1 and Raheesuddin and Jameel rushed to spot, whereupon, accused ran away waving the Tamancha, from the spot. Victim was taken to Subharti Hospital with the help of villagers. Incident was witnessed by PW-1, Raheesuddin and Jameel, who were going to natural call.

4. On receipt of written report Ex.Ka-1, Chik Report Ex.Ka-2 was prepared by constable concerned, who registered the case under Section 307 IPC as Case Crime No. 141 of 2006. An entry of case was made in General Diary on 20.05.2006 at 8:45 a.m., a copy of which is Ex.Ka-3 on record.

5. Victim was medically examined by Dr. Ishwar Prasad, who prepared medico-legal report. Doctor found two injuries, which read as under :-

i. Lacerated wound 1.5 cm x 1.0 cm on back in mid line over spine, 25 cm below C7 vertibral spinus process, surrounded by multiple pin head size, skin deep punctured wounds with tatooing within radious of 20 cm, age within 6 hours, lacerated wound supposed to be entry wound of fire arm, paraplegia present, grievous in nature, advise x-ray, dorsolumber spine AP and lateral view, x-ray chest PA view, NCCT abdomen, USG whole abdomen, opinion about cause (type of weapon) is reserved for the concerned specialist to comment, depth of this lacerated wound could not be measured.

ii. Lacerated wound 1 cm x 1 cm on lower part of sternum, depth could not be measured, 3 cm above tip of Ziphisternum, age within six hours, opinion about the type of weapon and nature of injury is reserved for the concerned specialist for comment. Opinion about the exit wound is reserved for concerned specialist.

6. Immediately after registration of case, investigation was undertaken by PW-7, Sri Dambar Singh, who took copies of written report and Chik FIR and proceeded to place of occurrence, prepared site plan Ex.Ka-9, collected bloodstained and sample earth, prepared memo thereof Ex.Ka-10, recorded statement of victim-Sabir in the Subharti hospital and recorded statement of witnesses, traced accused. On 30.06.2006 on receiving information of death of Sabir, he proceeded with other Police officials to Hospital held inquest report over the dead body of Sabir, prepared inquest report Ex. Ka-13, and other necessary papers relating thereto. Dead body was sent for postmortem.

7. Autopsy over the dead body of deceased-Sabir was conducted by Dr. N. Naithani, Medical Officer, District Hospital, Meerut on 30.06.2008 and prepared postmortem report Ex.Ka-25, expressing his opinion that death of victim was due septicemia. Postmortem was proved by PW-11, J.P. Gupta, as a secondary evidence. Doctor found following ante-mortem injuries :-

"i. Bedsore injury in the area of 18 cm x 15 cm,