H. N. Seth, J. - (1.) RAMESH has come up in appeal against the judgment of II Additional Sessions Judge, Bulandshahar dated 31st of March, 1980 convicting him for an offence punishable under Section 302 CPC and sentencing him to imprisonment for life.
(2.) ACCORDING to the prosecution, crime case No. 17/55 of 1979 under section 396 IPC had been registered at police out-post Ramghat, against Ramesh and several others. On 6th of May, 1979 at about 3.30 P. M. a police party headed by Sub- Inspector Harish Chandra Singh (PW 1) and, consisting of himself, head constable Omvir Singh, constables Dharampal, Virendra, Ratan Singh (deceased) and Horam, left the out-post in search of persons accused in crime case no. 17/55 of 1979. The police party reached the crossing near the house of Ramesh in village Jatni Nagala at about 4.15 p. m. On seeing the police party, Ramesh came out of his house carrying a gun and with a view to evade his arrest he ran towards the south. While Sub-Inspector Harish Chandra Singh and constables Virendra Singh and Ratan Singh chased Ramesh by running towards south-west Head Constable Omvir Singh and constable Dharampal Singh chased him by running on the rasta which lay towards the west of Ramesh's house. As constable Ratan Singh was about to overtake and apprehend Ramesh, Ramesh turned round and fired a gunshot at Ratan Singh, who, on receiving serious gunshot injury on his right thigh, fell down at the spot. Thereafter Ramesh succeeded in making good his escape. The said incident was, apart from members of the police party, also witnessed by the villagers, namely, Ganga Prasad and Satish Chandra. Immediately after the incident, constable Ratan Singh was carried on a bullock-cart to police out-post Ramghat where Sub-Inspector Harish Chandra Singh lodged a first information report under sections 332/307 IPC against Ramesh at 5.05 p. m. the same day. He also made arrangements for constables Dharampal Singh and Virendra Singh to carry constable Ratan Singh who was seriously injured to Debai hospital for treatment. Dr. S. C. Singh (PW 9) attended to constable Ratan Singh at Debai hospital. After examining constable Ratan Singh, Dr. Singh prepared an injury report mentioning "Firearm wound 2 cm X 2 cm X depth not ascertained (because the wound was bleeding heavily) on the front of thigh upper part 8 cm below the inguinal ligament (groin) ; there was blackening and scorching alround." As Dr. Singh found the condition of Ratan Singh very-very serious, he in the presence of Dr. M. S. Yadav (PW 10) and Pradhaa Ram Babu of Ramghat recorded a dying declaration of Ratan Singh, wherein he named Ramesh as his assailant, at 6.40 p. m. and thereafter he referred the injured to District Hospital, Bulandshahar. Ratan Singh was admitted as an indoor patient in the: district hospital Bulandshahar by Dr. R. K. Mittal (CW 1) at 9 p. m., but he succumbed to his injuries ai 10.40 p. m. the same night, that is, on 6th of May, 1979. On receipt of information about the death of Ratan Singh at police out-post Ramghat, the case against Ramesh was converted into one under section 302 IPC. Post mortem examination of the dead body of Ratan Singh was conducted by Dr. H. U. K Juberi (PW 8) at 10.10 a. m. on 7th of May, 1979. Dr. Juberi recovered 39 pellets and 5 wads from inside the 'wound of the deceased and opined that Ratan Singh had died because of haemorrhage and shock as a result of fire-arm injury received by him.
(3.) THE case was investigated by Station Officer, Narora, Sri R. P. Bakshi, who, after completing the investigation, submitted a charge-sheet against Ramesh and Ramesh was prosecuted and tried for committing an offence under section 302 IPC. Ramesh denied the prosecution case and claimed that he had been falsely implicated because of enmity. According to him one Vidya Ram had contested the election for village-Pradhan against his uncle Badan Singh and had lost the same. Said Vidya Ram had colluded with the police and had, after conspiring with some others, got him falsely implicated in the case. In his defence Ramesh examined Sri Kishan Gupta, Ahalmad of the court of Chief Judicial Magistrate, Bulandshahar, as a witness and relied upon five documents produced by him.;