B.N.Katju, J. - (1.) RADHEY Shyam has filed this appeal against the judgment of VII Additional Sessions Judge. Etawah dated 30-9-1981 passed in Sessions Trial No. 12 of 1981 convicting "him under Section 302 IPC.Section 25 Arms Act and Section 5 of Indian Explosives Act and sentencing him to death, two years rigorous imprisonment and two years rigorous imprisonment respectively.
(2.) THE case of the prosecution is that on 16-6-1980 at 3.10 P. M. while Head Constable Shiv Nath (PW 5)and Constables Shyam Manohar (PW 3) and Brijesh Narain (PW 4), who were: posted at Out-Post Asthal of Police Station Kotwali Etawah were on; patrol duty along with other constables in Mohalla Lalpura they saw the appellant and Kishan Kahar deceased fighting with each other near the Jain Dharamshala and the appellant took out a bomb from his pocket and struck it on the head of the deceased as a result of which the deceased received injuries and became unconscious. THE appellant was thereafter caught and one bomb, one country made pistol and one live cartridge were recovered from his possession. The appellant and the deceased along with the recovered articles were taken to Police Station Kotwali where the first information report was lodged by Bisheshwar Singh Head Constable a.t 3.30 P. M. on the same day (16-6-1980) the distance of the Police Station from the place of occurrence being three furlongs. The injuries of the appellant were examined by Dr. S. Mehrotra (PW 7) at 3.50 P. M. on the same day (16-6-1980) and the under mentioned injuries were found on his person: 1. Lacerated wound 2-1/2 cm x 2 cm x bone deep on tip of right thumb with partial amputation of terminal phalanges with dislocation. 2. Lacerated wound 6 cm x 2 cm x bone deep on base of right thumb with dislocation. 3. Lacerated wound 11 cm x cm x bone deep on inner side of right palm and index finger. 4. Amputation of tip of right index finger terminal phalange. 5.acerated wound 3 cm x 1 cm x bone deep inner side of right middle finger. 6. Amputation of terminal phalange dip of middle finger right hand. 7. Abrasion 4 cm x 1 cm on inner side of right ring finger, 8. Multiple abrasion on forehead and right side of face and part of neck right 19 cm x 16 cm area.
(3.) KISHAN Kahar deceased died on 18-6-1980 as a result of the injuires received by him. The postmortem examination of the body of Kishan Kahar deceased was conducted by Dr. D. K. Saxena (PW 8) on 19-6-1980 at 4.30 P. M. and the under mentioned amtemortem injury was found on the body of the deceased i 1. Lacerated wound 4 cm x 3 cm x bone deep on left side of head 8 cm above left ear with fracture underneath.;