- (1.) PALOK Basu, J. This appeal has been filed by Jhallar against his convic tion under Section 302 read with Section 301, I. P. C. and the sentence of imprisonment for life there under as also under Section 307, I. P. C. and the sentence of 10 years R. I. passed by the Additional Sessions Judge, Fatehpur on 5-10-1978 in S. T. No. 121 of 1978.
(2.) THE charge against the appellant was that on 3-3-1977 at 6. 00 p. m. in village Naraini, P. S. Kishanpur, district Fatehpur, he did commit murder of Dakauli D/o Sughar Mai of village Naraini, P. S. Kishanpur by intentionally causing the death of Dakauli and thereby committed an offence punishable under Section 392 read with Section 301, I. P. C. In the same incident he fired with pistol at Lalman son of Jagdish with intention that if by that act death was caused to Lalman he would have been guilty of murder and thereby com mitted an offence punishable under Section 307, I. P. C. The prosecution case is that Lalman son of Jagdish Prasad of village Naraini, P. S. Kishunpur, District Fatehpur lodged a written report at P. S. Kishunpur on 3-3-1977 at 10-45 p. m. that on 3-3-1977 he had gone to the house of Shyam lal Murai to hear "katha" and he was returning to his house at about 6. 00 p. m. from the house of Shyam lal Murai along with Thagru and Ram Deo. He was bringing his brother's daughter Dakauli in his lap (Kaniya) and when he had reached the door of Krishna Ahir he found Jhallar accused sitting. He proceeded ahead and when he reached in front of the door of his Baithaka along with others at about 6. 00 p. m. the accused Jhallar came from behind and fired at him as a result of which he received injuries on his waist and Dakauli received injury on her right leg. He raised alarm. Dagru and Ram Deo Singh who were accompanying him, challenged the accused, that the accused Jhallar ran away towards East with his pistol and managed to escape. Thagru and Ram Deo Singh had also seen the occurrence. Six years before this occurrence he (complainant) had given evidence against Jhallar in a robbery case and since then Jhallar accused had become inimical to him and he had fired at him with intent to kill him. The injured Lalman some how managed a Tangari and he along with others was bringing his brothers daughter Dakauli to the Police Station when Dakauli succumbed to her gun shot injury near the crossing of Vijayeepur. On this report lodge by the complainant, a case under Section 307/302, I. P. C. was registered. Lalman was sent for medical examination to the P. H. C. Vijayeepur where he was medically examined at 10. 00 a. m. on 4-3-1977. An inquest report of the dead body of Dakauli was drawn up on 4-3-1977 at the gate of Police Station in the morning. The dead body of Dakauli was thereafter sent for post mortem examination with photo lash and challan lash which the S. O. had prepared. Post mortem was conducted on the dead body of Dakauli on 4-3-1977 at 4. 30 p. m. by Dr. P. S. Misra at Fatehpur. The S. O. Shri R. K. Verma went to the place of occurrence. He took blood stained earth and blood from the place of occurrence, i. e. in the front of Baithaka of the complainant. He searched for the accused but the accused was absconding and he attached the property of the accused having obtained the order of Chief Judicial Magistrate.
(3.) THE injuries of Lalman were X-rayed and it was confirmed that he had gun shot injuries. During trial the accused pleaded not guilty and denied committing the offence and also denied any enmity with Lalman. He gave some reasons for his false implication but had not examined any witness in defence.;