U. S. Tripathi, J. - (1.) This appeal has been directed against the judgment and order dated 11-8-1978 passed by III Additional Sessions Judge, Agra in Session Trial No. 436 of 1977, convicting appellant Ram Narain under Section 302 IPC and sentencing him to undergo imprisonment for life.
(2.) THE prosecution story briefly stated was as under : Appellant Ram Narain son of Lajja Ram Tyagi and Natthi Lal deceased were residents of same village. Prior to 5-6 years of the occurrence of this case, Lajja Ram, father of Ram Narain appellant, was murdered. Natthi Lal deceased and some other persons were prosecuted for the murder of Lajja Ram, but they were acquitted prior to one year of the occurrence of this case. On account of it Ram Narain appellant was having enmity with Natthi Lal deceased. Natthi Lal deceased had his house facing towards north. There was a Chabootra in front of his house and on the northern side of said Chabootra there were two cattle troughs belonging to Natthi Lal. On the evening of 21-12-1976 at about 6. 30 p. m. Smt. Jai Shri (P. W. 1) wife of Natthi Lal deceased was standing on the chabootra in front of her house. Km. Kela Devi (P. W. 2), daughter of Natthi Lal deceased was providing fodder to the she buffaloes tethered on the cattle troughs. Gulab Singh, maternal brother of Natthi Lal was sitting in front of the house of Natthi Lal. A lighted lantern was hanging on the outer wall of the house. Smt. Shanti Devi (P. W. 3) sister-in-law of Natthi Lal deceased had gone to attend call of nature in the sugar cane field of Ram Charan. Natthi Lal was sitting at the house of Rajesh of his village. Thereafter, he was returning to his house. Appellant Ram Narain was coming behind him. When Natthi Lal climbed stair case of his chabootra, Ram Narain appellant fired a shot from country made pistol on his back. Sustaining fire-arm injury Natthi Lal fell down by his chest on the chabootra. The occurrence was witnessed by Smt. Jai Shri (P. W. 1), Km. Kela Devi (P. W. 2) and Gulab Singh. After causing injury on the deceased the appellant ran away. The persons of the village assembled and laid Natthi Lal on a charpai. Natthi Lal deceased dictated report Ext. Ka-6 to Bhajan Lal (P. W. 6). He was taken to Police Station Barhan, where he lodged written report at 7. 15 p. m. On the basis of written report Ext. Ka-6 Head Constable Deep Chand Pathak (P. W. 8) prepared chick FIR Ext. Ka-8 and made an endorsement of the same at G. D. report Ext. Ka-9. Natthi Lal was sent to Primary Health Centre Etmadpur at Barhan, where Dr. Sunil Kumar Garg (P. W. 4) recorded his dying declaration Ext. Ka-3 is presence of Babu Ram and Chunni Lal.
(3.) INVESTIGATION of the case was taken up by Sri Rohan Singh (P. W. 11 ). He interrogated Head Moharrir Deep Chand at the police station and thereafter, came to Primary Health Centre Barhan, where interrogated Natthi Lal deceased. The condition of Natthi Lal was serious and therefore, after providing first aid he was referred to District Hospital, Agra, where he was admitted and died at 10. 00 p. m. Sri Rohan Singh (P. W. 11) visited the spot and interrogated Km. Kela Devi (P. W. 2 ). He also inspected place of occurrence and prepared site plan Ext. Ka-27. He recovered one wad piece (tickli) from the spot, sealed it on the spot and prepared recovery memo Ext. Ka-28. He also inspected lantern which was in working order and gave it in supardagi of Phool Singh. Thereafter, the investigation was taken up by Sri Ved Prakash Tyagi (P. W. 10 ).;