P.BASU, J. - (1.) THIS Criminal appeal has been filed by Jai Ram against his conviction under Section 302/34 I.P.C. recorded by II Addl. Sessions Judge, Mainpuri on 23.10.78 in S.T.No. 164 of 1978.
(2.) IT may be remembered that along with appellant Jai Ram one Nathu was also charge sheeted but as he was abscon­ding only the appellant was the sole accused coming up for trial in the instant case. According to the prosecution story an incident happened at about 4 P.M. on 14.2.77 on the Chak Road near the Tubewell of Kalika when the deceased accompanied by the informant and three others including Tej Singh had reached near Kathal fruit grove the two accused came and started firing at the deceased Kalika alias Kali Charan. Kalika fell down at which the appellant went close to him and fired from his pistol from a close range on his back. The two accused thereafter fled away whereupon the informant and the witnes­ses took the deceased first to the village hospital and then to the District Hospital where he was reoorted dead. A first information Report was ore pared by the informant and taken to the Police Station Kotwali but they refused to taken down the said report on various pretests one of them being that the case related to the P.S. Bhongaon and, therefore, the F.I.R. if any, should be lodged there. An attempt was made to lodge the F.I.R. on 15.2.77 at P.S. Bhongaon but that also failed because one Subedar Singh, M.L.A. of the locality who was interested and related with the accused, was seen in the Police Station and. therefore, ultimately a written First Information Report in the nature of a complaint was forwarded by Het Ram alias Met Singh to the S.D.M. who endorsed its copy to the Police Station whereupon a case was registered.
(3.) TO complete the chronology of the incident, a memo was sent by the District Hospital to P.S. Kotwali at 8.15 P.M. whereupon general diary entry was recorded at Entry No. 47 on 14.2.78 (Ex.Ka-15) and ultimately the postmortem examination of the dead body of Kalika alias Kali Charan was performed on 15.2.77 at 3.30 P.M. by Dr.N.D. Baghia (since dead). The postmortem report and the memo sent from the Hospital have been proved by P.W.6 Rameshwar Prasad.;