K.N.OJHA,J. - (1.) THIS appeal has been preferred against judgment and order dated 17 -7 -81, passed by Sri S.L. Tripathi, Sessions Judge, Deoria in Sessions Trial No. 359 of 1980 by which appellant Gulab Singh has been convicted and has been awarded sentence of life imprisonment under Section 302 I.P.C.
(2.) ACCORDING to prosecution the occurrence is said to have taken place in the night of 26/27 -7 -80 at about 8 or 9 p.m. in village Belwa Dubauli, Police Station Rudrapur, District Deoria, F.I.R. of which was lodged at police station Rudrapur by Satya Narain Singh, deceased himself on 27 -7 -80 at about 3.15 a.m. against Gulab Singh, Khublal, Bhan Singh and Subba. The police station is at a distance of 6 miles from the place of occurrence. Satya Narain Singh injured was alive at the time of occurrence and after lodging the F.I.R. he succumbed to injuries. Scribe of the F.I.R. was Rajendra Singh. Post -mortem examination on the dead body of Satya Narain Singh was done by Dr. C.V. Singh, Medical Officer, District Hospital, Deoria on 27 -7 -80 at 2.00 p.m. and following ante -mortem injuries were found on the body of Satya Narain Singh, aged about 70 years: (1) Gun shot wound of entry 2" x 1 -1/2" x Abdominal cavity deep on the left side of abdomen, 7 -1/2" below the axilla. Blackening and charring was present around the wound and small intestine was coming out. (2) Abrasion 1" x 3/4" with swelling on the middle side of right arm, lower part including right elbow. Blackening and charring was present.
(3.) THE blood was collected in the abdominal cavity wherefrom 6 pellets were recovered by the doctor. There was a gun shot wound of entry 2 -1/2" x 2 -1/2" on the outer wall of the stomach. Two wads and pellets were recovered from it. Semi digested food was found in the stomach. There was a lacerated wound 2" x 2" on the outer side of spleen. Faecal matter was present in both the intestines.;