- (1.) M. Chaudhary, J. This is an appeal from judgment and order dated 19-7-1984 passed by Vth Additional Sessions Judge, Hamirpur in Sessions Trial No. 343 of 1980, State v. Siddha, convicting the accused under Section 302 IPC and sentencing him to imprisonment for life thereunder.
(2.) BRIEF facts giving rise to this appeal are that at about 5 : 15 p. m. on 9th of September, 1980 Shiv Vishal Dwivedi lodged an FIR at police station Rath District Hamirpur alleging that very evening he alongwith his maternal grand-father Shambhu Nath Shukla was going back from the market; that on the way at about 4. 30 p. m. he had a little talk with Madho Prasad and Veer Pratap at the betel shop situate near the dharamshala and then proceeded towards their house; that they had stepped forward about 25-30 paces and he was going 4-5 paces ahead from Shambhu Nath Shukla when he heard sound of a shot and that immediately he turned back and saw Siddha running away holding countrymade pistol towards the petrol pump and Shambhu Nath Shukla falling by his face down on the road side and fresh blood oozing from the injury on his back. Immediately Shiv Vishal Dwivedi with the help of Madho Prasad and Veer Pratap took injured Shambhu Nath Shukla on a push cart to the Hospital but as they reached at the gate of the Hospital Shambhu Nath Shukla succumbed to the fatal injuries sustained by him. Then Shiv Vishal Dwivedi alongwith Madho Prasad and Veer Pratap taking Shambhu Nath Shukla the deceased on the push cart went to the police station and handed over written report of the occurrence to the police there (Ext. Ka-1 ). He also mentioned in the written report handed over at the police station that there was long standing enmity between Shambhu Nath Shukla on one hand and Dhani Ram Dwivedi, father of Siddha on the other as there had been murders of their relations on both the sides. The police registered a crime against the accused under Section 302 IPC and made entry in the general diary regarding registration of the crime accordingly (Ext. Ka-2 and Ka-3 ). Si Kripal Kureel to whom investigation of the crime was entrusted drew inquest proceedings on the dead-body of Shambhu Nath Shukla kept on the push cart in front of the police station itself and prepared the inquest report (Ext. Ka-4) and other necessary papers relating thereto (Ext. Ka-5 and Ka-6 ). Then he handed over the dead-body in a sealed cover alongwith necessary papers to the constables for being taken to the mortuary for its post-mortem. He also inspected the place of occurrence and prepared its site plan map (Ext. Ka-11 ). He collected blood stained and simple earth from the place of occurrence and sealed them in two separate packets and prepared their memo (Ext. Ka-12 ). He also prepared memos of the blood stained clothes found on the dead-body and shoes (Exts. Ka-7 and Ka-8 ). The Investigating Officer also recorded statements of the witnesses and did other necessary things. Autopsy conducted on the dead-body of Shambhu Nath Shukla by Dr. P. K. Srivastava, Medical Officer District Hospital, Hamirpur revealed an ante-mortem gun shot wound of Entry 2 cm x 2 cm on right side of back 4 cm below superior angle of right scapula. The doctor also recovered five pellets palpable in right side chest around right nipple in an area of 9 cm x 5 cm communicating to Injury No. 1. The autopsy also revealed one ante-mortem abrasion on outer angle of left eye and three ante-mortem abrasions on left side of forehead in an area of 9 cm x 3 cm. On an internal examination right pleura was found lacerated and congested and two and a half pound of blood with clots present in right side chest cavity, and the doctor removed two was pieces therefrom. The doctor opined that the death was caused due to shock and haemorrhage as a result of ante-mortem fire-arm injury about 18 hours ago.
(3.) AFTER completing the investigation the police submitted charge-sheet against the accused. It appears that the Investigating Officer also got blood stained clothes and earth sent to Forensic Laboratory Agra for the Serologist's opinion. It was reported by the Serologist that the blood and stained clothes contained human blood and that the blood stains on shoes and earth were disintegrated (Ext. Ka-16 ).;