JUDGMENT :

1. These appeals are by the accused appellants- Veerpal and Bhadrapal, who have been convicted vide judgment and order dated 02.06.2015 passed by Additional Sessions Judge, Chandausi, (Moradabad) in Session Trial Nos. 629 of 2010 and 630 of 2010, arising out of Case Crime Nos. 743 of 2009 and 22 of 2010, under Sections 302/34 I.P.C. and Section 25 of Arms Act, Police Station Bahjoi, District Moradabad and sentenced to life imprisonment each under Section 302 I.P.C. along with fine of Rs. 25,000/-, in default thereof, to further undergo two months additional imprisonment each.

2. The prosecution case is based upon a written report of the informant Vijaypal (P.W.-2) son of Nawab Singh, who claims to be a resident of Village Lehra Nagla Shyam, Police Station Gunnaur, District Budaun. It is alleged that the informant has enmity with one Veerpal S/o Sipattar Singh Yadav (accused appellant). The brother of accused Veerpal namely, Munipal had eloped with Sunita daughter of one Ganga Sahay Sharma. The informant’s brother Mahipal (deceased) was a witness in the F.I.R. lodged under Section 366 I.P.C. against Munipal for enticing Sunita. On account of this enmity firing had taken place between the accused and the informant sometime back. On 16.11.2009 the informant’s brother Mahipal alongwith the informant Vijaypal and one Rukam Singh S/o of Nawab Singh Yadav left on a motorcycle for offering prayers and served water (Jal) at Sadat Wadi Mandir and for purchasing fertilizer thereafter. While on their way at about 02:30 p.m. a kilometer before the Sadat Wadi Temple, the accused namely Veerpal, Munipal sons of Sipattar Singh and Bhadrapal son of Latoori Singh stopped them and the three accused dragged the informant’s brother Mahipal aside and indiscriminately fired on him. Mahipal sustained fire arm injuries on his head and chest. Mahipal died on the spot and the dead body was lying there.

3. The contents of the above referred written report were entered in the G.D. and a first information report came to be lodged in the matter and got registered as Case Crime No. 743 of 2009 under Section 302 I.P.C. against accused appellant Veer Pal, Munipal and Bhadrapal. The accused Munipal has been declared a juvenile. The two other accused namely, Veerpal and Bhadrapal have been convicted and sentenced under Section 302 I.P.C. and are before this Court in the present appeals.

4. Pursuant to the F.I.R. lodged in the matter the Investigating Officer proceeded on the spot and collected blood stained and plain soil along with three empty cartridges of 315 bore from the spot. The recovery made from the spot has been exhibited as Ka-2. One Mahendrapal and Chhatrapal are the witnesses of this recovery. The police also conducted inquest of the dead body and its report is exhibited as Ka-1. The inquest report contains an overwriting and the time for receipt of information is shown as 04:00 p.m. in place of 05:00 p.m. The inquest witnesses are Mahendra Singh, Chhatrapal, Manoj Kumar, Bharat Singh and Chhote, who are all resident of Village Sadat Wadi and Satnauli. None of the inquest witnesses are from village Lehra Nagla Shyam to which the informant or the deceased belonged. At the last page of inquest the Investigating Officer has recorded the time of completion of inquest as 05:30 p.m. As per the opinion of the inquest witnesses the deceased died due to fire arm injuries and for ascertaining the cause of death post mortem be conducted. The body was accordingly sealed and was delivered to constable Surendra Kumar and Veerendra for being sent to the mortuary.

5. The post mortem on the dead body has been conducted on the next day i.e. on 17.11.2009 at 03:00 p.m. by Dr. N.L. Sharma (P.W.-6). As per the autopsy surgeon, the deceased sustained following ante-mortem injuries:-

“(I) Gun shot wound of entry 2 c.m. x 1.8 c.m. on the right side forehead of lateral part just above lateral to lateral end of right eyebrow.

(II) Gun shot wound of exit 11 c.m. x 4 c.m.