- (1.) M. C. Jain, J. The State has preferred this appeal against the judgment and order dated 3-10-1997 passed by Sri Udai Bhanu Singh, the then Addl. Sessions Judge/special Judge, Bareilly in Sessions Trial No. 307 of 1994. The sole accused respondent has been acquitted of the charge under Section 302 I. P. C.
(2.) WE have heard Sri M. C. Joshi, learned A. G. A. from the side of the State and Sri G. C. Saxena, learned Counsel for the accused respondent. The record has been summoned which we have carefully perused. The deceased was Rajendra. The incident occurred on 7-11-1992 at about 9 p. m. in village Jokhanpur, P. S. Shishgarh, District Bareilly and the report was lodged the same day at 10. 55 p. m. purportedly by the deceased himself who, as per the prosecution case, was alive till then. He had gone to his paddy field to keep watch on the crop. When he was at a little distance from the field, the accused respondent Bhanu Pratap fired shot on his back. He raised shouts. Om Prakash was attracted but by that time the accused respondent had run away. The accused allegedly was inimically deposed against him, but the details of the enmity were not given in the F. I. R. He disclosed to Om Prakash that the accused respondent had opened shot on him. Om Prakash PW 3 passed on the information at his house. His family members reached the spot and brought him to the house. Harish Babu PW 2 wrote down the F. I. R. at the dictation of the victim who thumb-marked it. He was then taken to the police station on a tractor trolley by his father Roshan Lal and others. The F. I. R. was lodged there and a case was registered under Section 307 I. P. C. The investigation was started by S. I. Moredhwaj PW 5. According to him, the statement of the victim was recorded by him at the police station itself and he was dispatched to P. H. C. Shishgarh for medical treatment and management of his injury. The Doctor being not available at P. H. C. , he was referred at District Hospital, Bareilly. He died on his way to District Hospital. The case was then converted under Section 302 I. P. C. From the district hospital a memo was sent to P. S. Kotwali and a Sub- Inspector was deputed for preparation of the inquest report and to complete other formalities. The dead body was sealed and sent for post- mortem which was conducted on 8-11-1992 at 3. 30 p. m. by Dr. D. S. Kanyal PW 1. The following ante-mortem injury was found on his person: A gunshot wound of entry 3 cm. x 2" 1/2 cm x bone and chest cavity deep, on the back upper part in the midline 8 cm. below the root of neck. Margins black and inverted, lacerated underneath. Thorasic 2 and 3 vertebra fractured. On internal examination, 22 pellets and one wad piece were recovered from the dead body. The spinal-cord was lacerated and pleura was also lacerated. The death had occurred due to shock and haemorrhage owing to fire-arm injury.
(3.) AFTER conclusion of the investigation, the accused respondent was challaned. The defence was of denial and false implication due to enmity.;