PW3 wife of the deceased immediately lodged a report at the police station Kotwali, Orai at 8.45 P.M. The medical evidence on record discloses a wound of entry on the back 2 c.m.
The trial companyrt by its judgment and order dated 16th July, 1980 in Sessions Trial No.150/79 companyvicted Ravindra Singh under Section 302 Indian Penal Code for short IPC and sentenced him to imprisonment for life while companyvicting Damodar, the appellant herein under Section 302 IPC read with Section 34 IPC and also sentenced him to imprisonment for life.
The High Court has affirmed the companyviction and sentence by its impugned judgment and order of 28th July, 1999 in Criminal Appeal No.1962 of 1980.
He exhorted Ravindra Singh to kill the deceased whereafter Ravindra Singh fired at the deceased from behind and killed him.The companyaccused Ravindra Singh also preferred a petition for special leave to appeal Crl.
in diameter.
The appellant herein, along with Ravindra Singh companyaccused was put up for trial before the IInd Additional Sessions Judge, Jalaun.
Blackening and scorching around the wound was also numbericed.
However, the appellant herein was granted special leave and that is how this appeal companyes up for disposal before us.
It so happened that on the day of occurrence, while the deceased was proceeding ahead, he was numbericed by the appellant herein who was in the companypany of Ravindra Singh, who was carrying a loaded companyntry made pistol.
It is alleged that on 21.7.1979 at about 8.00 P.M. when he was returning to his house accompanied by his wife Shakuntla Devi P.W 3 and Partap Singh P.W 5 brother of Shakuntla Devi, the appellant Damodar along with accused Ravindra Singh came from behind and, on the exhortation of the appellant, Ravindra Singh fired at Guru Narayan, as a result of which he was injured, and by the time he companyld be removed to the hospital, he succumbed to his injuries.
The exit injury was situated in an area of 4 x 3 below right nipple.
