- (1.) THIS appeal, arising out of the judgement dated 23.3.1983 passed by the learned VIII Addl. Sessions Judge, Ghaziabad in Session Trial No. 298 of 1981, has been preferred by solitary appellant, who, after having been convicted of an offence under section 302 I.P.C. was directed to suffer rigorous imprisonment for life.
(2.) THE fact was that the deceased Natthu Ram and the present appellant Bali Ram along with a third person, namely, Tota Ram were smoking Hukka. THE deceased on the one hand and two accused persons named in the F.I.R. on the other, firstly, entered into a verbal dual as regards the duration for which they would enjoying the smoke. THE son of Tota Ram, the present appellant Bali Ram is said to have gone to his house and to come back with Khutpawre (an instrument to carve out cattle dung). THE appellant is said to have given a blow with the article just after having arrived at the place of occurrence which was the chauk infront of his house. The informant stated that he took his father to the village hospital and as per his statement in the F.I.R. the doctor also administered some injection to the deceased, but later on declared him dead. The informant came to the police station Noida to lodge the written report Ex. Ka-1. As may appear from the evidence of Ishwar Chand, Head Moharrir (PW 4) posted in the police station, F.I.R. Ext. Ka-12 was drawn up on the basis of Ext. Ka-1 and the investigation was started by P.W.3, S.I. Indra Singh who came to the place of occurrence to find the dead body for holding inquest Ext.Ka-2 upon it and also for seizing the blood stained earth as may appear from Ext. Ka-7, besides, for searching the house of the accused so as to recovering the Khutpawre after preparing Ext. Ka-10, Khutpaware has been marked as material Ext. 1 as appears from the deposition of P.W. 4.
(3.) THE Investigating Officer prepared letters addressed to the Chief Medical Officer and also to the Reserved Inspector of Police Lines and also the dead body challan for dispatching the dead body for post mortem examination. Those documents have been marked Ext. Ka-3 to Ka-7. He recorded the statements of witnesses and also got back the post mortem examination report Ext. Ka-14 and, thereafter, sent up this solitary appellant for trial. During the course of the trial 6 witnesses were examined, out of whom the informant Gajai Singh and a person named in the F.I.R., namely, Kalu Ram turned up to support the prosecution story as eye witnesses. They were examined as P.Ws. 1 and 2 respectively. Dr. B.K. Agarwal has held post mortem examination on the dead body of Natthu Ram, and, as we have just indicated, issued report on that behalf Ext. Ka-14. After considering the evidence of witnesses the impugned judgement was passed.;